Perez v. State

Bill of exception No. 5 reflects the failure of the trial court to grant a mistrial after the prosecuting attorney stated to the jury in his argument, “He (appellant) won’t go to work and try to make an honest living.” There is not a scintilla of evidence in the record to support this statement.

In Sparks v. State, 159 Texas Cr. Rep. 111, 261 S.W. 2d 571, we held that the prosecutor committed reversible error by stating that the appellant possessed marihuana for the purpose of selling it to school children where there was no evidence in the record to support such a statement.

In Kirk v. State,…