Harris v. State

Hutcheson, Justice.

Caleb Harris was indicted, tried, and convicted of the offense of murder. His motion for new trial was overruled, and he excepted. One assignment of error is upon the failure of the judge to declare a mistrial on motion of counsel for defendant, because of alleged prejudicial and inflammatory remarks of the solicitor-general in his argument to the jury, as follows: “This sorry negro was in the habit of beating his wife. Every time he got mad with her he beat her up. Now, gentlemen of the jury, on this particular night old Caleb came in drunk and prob*107ably got mad witli his…