McCullough v. State
Citation | 357 So.2d 397 |
Decision Date | 04 April 1978 |
Docket Number | 8 Div. 21 |
Parties | Charles Ralph McCULLOUGH v. STATE. |
Court | Alabama Court of Criminal Appeals |
James H. Tompkins and N. Pride Tompkins of Tompkins & Tompkins, Tuscumbia, for appellant.
William J. Baxley, Atty. Gen., and Mary Jane LeCroy, Asst. Atty. Gen., for the State.
The Grand Jury of Colbert County returned an indictment against the appellant, Charles Ralph McCullough, charging him with grand larceny. The appellant entered a plea of not guilty. A jury found the appellant guilty of grand larceny as charged. The trial court duly sentenced the appellant to 8 years in the penitentiary. Appellant's motion for a new trial was denied and he appeals to this Court.
This appeal was submitted on briefs. The appellant was represented by counsel of his choice at all proceedings in the trial court, and is represented in this Court by the same counsel under court appointment.
Appellant contends that his conviction should be reversed because the trial court erred in two respects; first, by overruling appellant's objections to statements made to the jury by state's counsel during his closing argument; second, by overruling appellant's motion for a new trial.
No evidence was presented to the trial court in support of appellant's motion for a new trial. Neither the motion for a new trial nor exhibit "A" filed with it was under oath. Nowhere in this record do we find a copy of, or a statement of the matters argued to the jury by appellant's counsel. We do not find a request by the appellant that either his argument or the state's argument be transcribed by the court reporter. The record shows that during the closing argument of state's counsel the following occurred:
(Mr. Patton continues).
(Mr. Patton continues).
It is the appellant's duty to present the points he intends to raise upon the record, with reasonable certainty. If this is not done, so as to enable this Court to decide, without danger of mistake, the exceptions taken in the court below, or point reserved, will be disregarded, for uncertainty. Findlay v. Pruitt, Porter's Reports, Vol. 9, Page 195; Autry v. State, 34 Ala.App. 225, 38 So.2d 348. In the case of Autry v. State, supra, Justice Harwood said:
From the statements of counsel for the state and defense, and the statements and rulings of the trial court contained in this record it is apparent to us that this Court should not review the lower court's rulings on statements made by state's counsel in his closing argument to the jury due to the fragmentary manner in which such statements appear in the record. It appears from the record that there were matters before the trial judge that do not appear in this record. Under the facts shown in this record we cannot determine whether or not the statements made by state's counsel were replies in kind to statements made by defense counsel in his argument to the jury. Autry v. State, supra; Lane v. State, 46 Ala.App. 637, 247 So.2d 679; Argo v. State, 277 Ala....
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Petersen v. State
...(1986) )." ‘Questions of the propriety of argument of counsel are largely within the trial court's discretion, McCullough v. State, 357 So. 2d 397, 399 (Ala. Cr. App. 1978), and that court is given broad discretion in determining what is permissible argument. Hurst v. State, 397 So. 2d 203,......
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Allen v. State
..."Questions of the propriety of argument of counsel are largely within the trial court's discretion, McCullough v. State, 357 So.2d 397, 399 (Ala.Cr.App.1978), and that court is given broad discretion in determining what is permissible argument. Hurst v. State, 397 So.2d 203, 208 (Ala.Cr.App......
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Davis v. State
...v. State, 468 So.2d 207 (Ala.Cr.App.1985). Allowing replies in kind rests within the discretion of the trial court, McCullough v. State, 357 So.2d 397 (Ala.Cr.App.1978), and wide latitude is usually given regarding replies in kind. Richardson v. State, 354 So.2d 1193 (Ala.Cr.App.1978); Evan......
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Hodges v. State
...principles: "`Questions of the propriety of argument of counsel are largely within the trial court's discretion. McCullough v. State, 357 So.2d 397, 399 (Ala.Cr.App. 1978), and that court is given broad discretion in determining what is permissible argument. Hurst v. State, 397 So.2d 203, 2......