Gray v. State

It'is only necessary to deal with one of the assignments of error, for it is not likely that any errors which may have been committed on the former trial of this case will recur upon the new trial which we are constrained to grant. As to one of the assignments we will say, in passing, that whether the defendants were influenced by a controlling motive is a question of fact, but State’s counsel should not be permitted, in argument, to go beyond the legitimate deductions to be drawn from the evidence actually introduced. It appears from the record that six persons made an assault upon the…