Shaw v. State

The appellant was convicted in the Circuit Court of Montgomery County on an indictment charging him with assault and battery with intent to kill and murder, and sentenced to serve a term of five years in the state pen itentiary. No complaint is made that the proof fails to sustain the verdict and judgment appealed from, but a reversal is sought on the ground of improper argument made to the jury by the district attorney.

The alleged improper argument is shown by means of a motion dictated into the record by appellant’s counsel, instead of the remark being taken down by the Court Eeporter and…