State v. Garrity

O’NIELL, Chief Justice.

The defendant has appealed from a conviction and a sentence of imprisonment in the penitentiary for the crime of assault and robbery. He complains, in two bills of exception, that the district attorney said, in his opening statement to the jury, that the state intended to prove that, when Garrity was arrested, in Miami, Ariz., he asked the arresting officer what he wanted with him, and the officer replied, “I don’t want you, hut New Orleans wants you for a bank job,” and that Garrity replied, “Well, I guess you’ve got the right man.”

It is contended that Garrity’s…