Middleton v. State

The appellant, William Middleton, was found guilty of the possession of controlled substances and sentenced to fifteen years in the state penitentiary under the Habitual Offender Statute.

The appellant alleges that remarks made by the prosecutor in his opening and closing arguments denied him of his right to a fair trial and, thus, that his motion for mistrial should have been granted. The questionable comments indicated that the appellant had needle marks and tracks all over his arms, provoking the counsel for appellant to object and request instructions that the jury disregard the statements…