Augustine v. State

Appellant and Virgil Smith and Howard White were jointly indicted under Section 2367, Code 1942, for robbery of C. C. Coen by the exhibition of a deadly weapon. Appellant was granted a severance; was convicted as charged and the verdict of the jury sentenced him to death.

On this appeal, he assigns and argues many alleged errors. We will consider and decide three of them which we think call for a reversal and remand of the case, and will then pass upon such others as will necessarily, or likely, arise in a new trial.

The diligent district attorney, in his closing argument to the jury, said: ‘ ‘…