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McGowen v. State9/11/2003
." Sheppard v. State, 777 So.2d 659, 661 (Miss. 2001) (citing Ormond v. State, 599 So.2d 951, 961 (Miss. 1992)). See also Flowers v. State, 842 So.2d 531, 553 (Miss. 2003). The purpose of a closing argument is to fairly sum up the evidence. Rodgers v. State, 796 So.2d 1022, 1027 (Miss. 2001).
"The prosecutor may comment upon any facts introduced into evidence, and he may draw whatever deductions and inferences that seem proper to him from the facts." Bell v. State, 725 So.2d 836, 851 (Miss.1998) (collecting authorities). Counsel "cannot, however, state facts which are not in evidence, and which the court does not judicially know, in aid of his evidence. Neither can he appeal to the prejudices of men by injecting prejudices not contained in some source of the evidence." Nelms & Blum Co. v. Fink, 159 Miss. 372, 131 So. 817, 821 (1930). See also Sheppard, 777 So.2d at 661.
Flowers, 842 So.2d at 554. In discussing the broad latitude afforded attorneys in making their closing arguments, this Court has stated:
Counsel was not required to be logical in argument; he is not required to draw sound conclusions, or to have a perfect argument measured by logical and rhetorical rules; his function is to draw conclusions and inferences from evidence on behalf of his client in whatever he deems proper, so long as he does not become abusive and go outside the confines of the record.
Brown v. State, 690 So.2d 276, 296 (Miss. 1996) (quoting Johnson v. State, 416 So.2d 383, 391 (Miss. 1982)). If the argument does not result in "unjust prejudice against the accused as to result in a decision influenced by the prejudice so created," it will be deemed harmless. Wells v. State, 698 So.2d 497, 507 (Miss. 1997) (quoting Davis v. State, 684 So.2d 643, 656 (Miss. 1996); Davis v. State, 530 So.2d 694, 701 (Miss. 1988)).
. This assignment of error is without merit. The State simply logically deduced from the evidence that there was a light on the utility pole. This logically drawn conclusion based upon evidence found in the record did not unjustly prejudice McGowen.
CONCLUSION
. We have meticulously studied the record in this case and the applicable law in light of McGowen's numerous assignments of error. Having done so, we find no error and thus affirm the Jackson County Circuit Court's judgment of conviction for capital murder and sentence of life imprisonment without parole.
. CONVICTION OF CAPITAL MURDER AND SENTENCE OF LIFE IMPRISONMENT, WITHOUT PAROLE, IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, AFFIRMED.
PITTMAN, C.J., McRAE AND SMITH, P.JJ., WALLER, COBB, EASLEY AND GRAVES, JJ., CONCUR. DIAZ, J., NOT PARTICIPATING.
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