Alabama Power Co. v. Berry

The general rule is that argument of counsel, made to the court on the law of the case, or in respect to the admissibility of proffered evidence, though it involves a statement of facts in the presence of the jury, may not be made the predicate for error, or grounds for a new trial. Louisville & Nashville R. R. Co. et al. v. Cross, 205 Ala. 626, 88 So. 908.

A well-recognized exception to this rule is, that such argument or statement persistently made, or improper questions asked in defiance of the ruling of the court, by counsel, intentionally for the purpose of getting before the jury facts…