Opinion
4 Div. 592.
March 2, 1950.
Appeal from the Circuit Court of Pike County, Charles C. Brannan, J.
A. A. Carmichael, Atty. Gen., and Robt. Straub, Asst. Atty. Gen., for the petitioner.
Walters Gibson, of Troy, opposed.
The statement of the solicitor in argument was the statement of a fact not in evidence and violated the rule of legitimate argument to the injury. Cross v. State, 68 Ala. 476. We are, therefore, of opinion that the petition for certiorari should be denied.
Writ denied.
All the Justices concur except Gardner, C. J., not sitting.