Opinion

Hoover v. State

  • 107 Tex. Crim. 600
  • 298 S.W. 438
  • 1927 Tex. Crim. App. LEXIS 525
Court
Court of Criminal Appeals of Texas
Filed
Jun 8, 1927
Status
Published
Author
Lattimore
On the bench
Baker, Lattimore
Cited by
12 cases

figurative language used by prosecutor in jury argument referring to the defendant as a "worm" and a "serpent" was held harmless

How later courts described this case

  • figurative language used by prosecutor in jury argument referring to the defendant as a "worm" and a "serpent" was held harmless

Written by the judges who cited it.

The opinion

ON MOTION FOR REHEARING.

LATTIMORE, Judge. —

We have again reviewed those complaints raised anew by appellant in his motion. We do not think the figurative language used in the argument of the State’s Attorney comparing appellant to the worm who had eaten his way into the heart of a rose, or the serpent in the. Garden of Eden, or in the paradise or home of the deceased, presents any serious ground of complaint. The juries are composed of sensible men. They know that the defendant is not a worm. They know that he is not a serpent. They know that the scriptural illustrations and the inferences based thereon are not expected to be taken as literally true.

We are cited to no authorities, and know of none holding that the jurymen in their retirement and discussion of the testimony may not endeavor among themselves to arrive at an understanding of what the witnesses say by movements of their own bodies,

*606

their own hands and feet, or by the use of articles which have been admitted in evidence and which are taken by the jury in its retirement. We have tried to analyze the testimony given by the jurors, upon the hearing of the motion for new trial, relating to the reputation of certain places named by witnesses on the trial, but find' ourselves entirely unable to conclude that the discussion shows misconduct of the jury from which any injury resulted to the appellant.

The motion for rehearing will be overruled.

Overruled.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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