Cooper v. State

¶1Cooper has appealed his conviction of grand larceny of a truck; the judgment includes a sentence of two and one-half years in the penitentiary.

¶2The defendant did not testify.

¶3During argument at the close of the evidence, the court reporter’s transcript shows:

“During the arguments of counsel to the jury the following objections and rulings of the court were made:

… *

“Mr. Turner: I object and move for a mistrial because Mr. Gilmore in arguing the case said, ‘If I had been him I would have got up here and said “I quit right now”.’

*309“Judge Pelham: I overrule the objection and deny the motion.

“Mr. Turner: I except.”

¶4We consider this remark is of the kind which our statute (Code 1940, T. 15, § 305) forbids the solicitor to make. Curlette v. State, 25 Ala.App. 179, 142 So. 775, furnishes a somewhat similar remark,1 but there the trial judge sustained the objection and advised the jury to ignore the comment.

¶5Reversed and remanded.