Irwin v. State

75 So. 701, 16 Ala. App. 109, 1917 Ala. App. LEXIS 171

Opinion

SAMFORD, J.

The court did not commit error in its various rulings on the evidence. But it having been testified by some of the witnesses that the defendant was seven-eighths Indian, the solicitor, in his closing argument, said:

“Did you ever hear how an Indian liked liquor? A negro’s appetite for liquor is not a circumstance to it.”

This remark was improper, was not sustained by the evidence, and should have been excluded in defendant’s motion. Sykes v. State, 151 Ala. 80, 44 South. 398; Roden v. State, 3 Ala. App. 202, 58 South. 72.

For the error pointed out, the judgment is reversed, and the cause is remanded.

•Reversed and remanded.