Kirby v. State

on rehearing.

March 5, 1924.

MORROW, Presiding Judge.

After the end of the closing argument of counsel for the state appellant’s counsel presented to the court a special charge. An exception was reserved to its refusal. The bill complaining of it states that the counsel for the state in said argument used this language:

“Gentlemen: You can not acquit this defendant unless you find that he acted as a reasonable man when he committed the homicide.” The court in qualifying the bill states that he did not recall the making of such argument and that no exception was taken during the closing argument…