Hammond v. State

The defendant was indicted for the possession of intoxicating liquor. The solicitor in liis argument to the jury said: “there was [is?] bootlegging all over the country and the defendant ought to be convicted.” The counsel for defendant thereupon moved the court for the grant of a mistrial for this prejudicial remark and the motion was overruled. The court did not rebuke counsel or tell the jury to disregard this statement. Held: While counsel may “under the fullest inspiration of excited genius give vent to their glowing conceptions, in thoughts that breathe and words that burn” (Berry v.…