Bourg v. State

The majority overrules appellant’s motion for rehearing without written opinion. I concur in the result, but feel compelled, in light of the motion for rehearing, to state my reasons for so doing.

The testimony reflects that the appellant was referred to as “big time” and as “the biggest marihuana character in Jefferson County.” Unquestionably, counsel, in his jury argument, may make reasonable deductions from the evidence. The complained of argument here by the prosecutor at the guilt stage of the trial was that the appellant “is just as big a pusher as we have ever had in Jefferson County .…