Cofield v. State

82 S.E. 355, 14 Ga. App. 813, 1914 Ga. App. LEXIS 462

Opinion

Russell, C. J.

1. When the only issue before the jury was the question of the defendant’s guilt or innocence of the offense of carrying a concealed pistol at a designated time and place, argument of counsel, that “the defendant had the audacity to go to his landlord’s own yard, and, because he wouldn’t let him have a wagon, cursed him and drew a pistol on him, and threatened to kill him,” was improper and prejudicial, and should not have been permitted, over timely objection of counsel to that effect; and the argument of another attorney for the State that “this was the most horrible case he ever saw in court, — a negro going to a white man’s yard, and, in the presence of his wife and children, cursing, drawing a pistol, and threatening to kill him,” was so foreign to the issue, so improper, and so prejudicial to the defendant’s right to a fail-trial, as to have required the grant of a mistrial when asked by tlie defendant. The evil effect of this argument as to impertinent and prejudicial matters can not be held to be effectually cured by a mere instruction on the part of the court to the jury to disregard it.

Decided July 21, 1914.

Conviction of carrying concealed weapon; from city court of LaGrange — Judge Harwell. April 11, 1914.

Hatton Lovejoy, for plaintiff in error. Henry Reeves, solicitor, contra.

Judgment reversed.

Boon, J., absent.