State v. Fanning

PREWITT, Judge.

By jury trial, appellant was convicted of burglary, attempted robbery, and three counts of assault. During the rebuttal portion of the state’s closing argument the transcript shows that the following occurred:

[DAVID GEISLER, prosecuting attorney:] “Now, my personal opinion as to whether or not he’s guilty, that doesn’t mean a thing, because I have not testified in this case. But Mr. Moon gave his opinion, and I’m going to give you mine. The son-of-a-bitch (indicating) is guilty as hell.—

MR. W. MOON: —If the Court please, I object to the use of the vulgar slang language in this…