Hathaway v. State

Anderson, J.,

delivered a dissenting opinion.

The direction by the judge to counsel to stay within the record could have meant nothing less than that he had gone beyond the record. In Wells v. State, 162 Miss. 617, at page 625, 139 So. 859, at page 861, quoting from opinion, “When an objection was interposed to this statement of the district attorney, the court said, ‘I do not think that is proper argument,’ but did not warn the jury to disregard this statement and argument, and the appellant’s counsel made no request that the court do so or take any further action in the matter.” The court…