Davis v. State

FOSTER, Justice.

In his opening argument the solicitor referred to the fracas by saying: “These two negroes were on him, referring to Leon Elkins, and the solicitor further said that the jury should deal harshly with such cattle, (referring to the defendant).” Upon objection being made to a reference to defendant as a “negro” and “cattle,” and motion for a mistrial, the court overruled the motion for a mistrial, but admonished the jury in these words: “But, gentlemen of the jury, don’t let the remark of the solicitor influence you one way or another in reaching a verdict in this case when he…