State v. . Smith

Bynum, J. It is necessary to notice only one of the defendant’s exceptions, as upon that he is entitled to a new trial. The Solicitor, prosecuting in behalf of the State, in addressing the jury, was allowed by the Court to use the following language: “ The defendant was such a scoundrel that he was compelled to' move his trial from Jones County to a county where he was not known.” And again: “ The bold, brazen-faced rascal' had the impudence to write me a note yesterday, begging me not to prosecute him, and threatening me that if I'did, he would get the Legislature to impeach me.” The purpose and natural effect of such language was to> create a prejudice against the defendant, not arising out of any legal evidence before them ; for the jury were precluded from enquiry into the causes or motives for moving the-trial, and even from the knowledge whether the trial'was-moved by the State or the defendant. So in respect of the-letter, alleged to have been received from the defendant,, and the epithets predicated upon it; it was not in evidence, and. could not be, yet its alleged contents were allowed to go- to-the jury with all the force and effect of competent testimony. Such a letter constituted a new and distinct offence,, and was the proper subject of another indictment and prosecution.