Pilcher v. State

1. Special grounds 2, 3, 4, and 5 of the amended motion for new trial deal with the introduction into this case of previous lottery transactions of the defendant. Error is assigned in special ground 2 on the failure of the court to declare a mistrial on motion of the defendant upon the following remark of the solicitor-general in his opening argument: “I expect to prove during the progress of this case, the State also expects to prove by competent witnesses, that Mr. Pilcher has been engaged in the ‘bug’ business in 1947, 1949, and also 1950. We expect to prove that he was arrested in Peach…