Harris v. State, 11441.

• Decision Date: 17 September 1936
• Docket Number: No. 11441.,11441.
• Citation: 187 S.E. 669,183 Ga. 106
• Parties: HARRIS. v. STATE.
• Court: Georgia Supreme Court

183 Ga. 106

187 S.E. 669

HARRIS.

v.STATE.

No. 11441.

Supreme Court of Georgia.

Sept. 17, 1936.

Syllabus by the Court.

Where, in the trial of a criminal case, the solicitor general in his argument to the jury uses highly improper language not authorized by the evidence or any fair deduction therefrom, and the court neither reprimands him nor instructs the jury to disregard his improper remarks, it is error to refuse to declare a mistrial on motion of counsel for the defendant.

Error from Superior Court, Wilkinson County; James B. Park, Judge.

Caleb Harris was convicted of murder, and he brings error.

Reversed.

T. Taylor Purdom, of Sparta, for plaintiff in error.

C. S. Baldwin, Jr., Sol. Gen., of Madison, and M. J. Yeomans, Atty. Gen., B. D. Murphy, O. H. Dukes, and Geo. L. Goode, Asst. Attys. Gen., for the State.

HUTCHESON, Justice.

Caleb Harris was indicted, tried, and convicted of the offense of murder. His motion for new trial was overruled, and he excepted. One assignment of error isupon the failure of the judge to declare a mistrial on motion of counsel for defendant, because of alleged prejudicial and inflammatory remarks of the solicitor general in his argument to the jury, as follows: "This sorry negro was in the habit of beating his wife. Every time he got mad with her he beat her up. Now, gentlemen of the jury, on this particular night old Caleb came in drunk and probably got mad with his wife because she wouldn't cook his little old squirrel, and started beating her like he always did. But this time, gentlemen, he was drunk and while she was begging him to stop beating her he kept on and beat her to death. Now, I am going to lay it on heavy, since the judge said I could tell you about this wife-beater. Why, a man who always beats his wife is lower down than the lowest animal. Why, gentlemen of the jury, you know dogs, and you have never seen a male dog just jump on a female dog and beat her up. This man, who is lower down than an animal, ought to be sent up to the electric chair. That's better than he deserves. That's better than any man deserves that's got a reputation for beating his wife. And finally, gentlemen of the jury, he beats her a little too much, and kills her. There is only one way to stop people like him. We have the law, and it's up to you, gentlemen of the jury, to enforce it when the court brings before you a wife-beater who finally beats his wife to death. Send this man to the electric chair, where he belongs."

Upon the motion...