Blackstock v. State

OPINION

BELCHER, Judge.

The conviction is for using obscene and abusive language over the telephone as denounced by Art. 476, Vernon’s Ann.P.C. The punishment was assessed by the jury at a fine of $100 and confinement in jail for one month.

The sole ground of error presented is that the trial court committed reversible error in failing to grant a mistrial when the county attorney argued to the jury as follows:

State’s Attorney: Were not going to prosecute people that are innocent.

“Appellant’s Attorney: Your Honor, this has no bearing on what he’s supposed to do in his office as county attorney…