State v. Lewis

By the WHOLE COURT.

ROGERS, J.

Appellant was indicted for the crime of murder. He was tried, found guilty, and sentenced to pay the extreme penalty.

Subsequent to his conviction, and prior to his sentence, appellant filed a motion for a new trial, alleging that the district attorney in his closing argument to the jury used the following highly prejudicial language, viz.: “I ask the jury that it find only one verdict, and that guilty of murder.” And, also, “There is no evidence except on one side and no extenuating circumstances.” The language complained of was objected to and bills reserved.

The…