Kelley v. State

Townsend, Judge.

Error is assigned in the first special ground of the amended motion for new trial 'on the denial of the defendant’s motion for a mistrial made upon the following statement of counsel for the State in his opening argument: “I expect to prove that Milton Kelley, the defendant ini this case, was an insanely jealous lover and mistreated her on numerous occasions,” referring to the prosecutrix, Donna Maxine Armstrong. Proper proof tending to show jealousy as the motive for a *325homicide or attempted homicide is legitimate, and the State on this occasion did prove several instances in…