Title 17, Chapter 8, Section 76
( 17-8-76)
(a) No attorney at law in a criminal case shall argue to or in the
presence of the jury that a defendant, if convicted, may not be
required to suffer the full penalty imposed by the court or jury
because pardon, parole, or clemency of any nature may be granted by
the Governor, the State Board of Pardons and Paroles, or other
proper authority vested with the right to grant clemency. (b) If counsel for either side in a criminal case argues to or in
the presence of the jury as provided in subsection (a) of this Code
section, opposing counsel shall have the right immediately to
request the court to declare a mistrial, in which case it shall be
mandatory upon the court to declare a mistrial. Failure to declare a
mistrial shall constitute reversible error. (c) This Code section shall be construed as setting forth
requirements in addition to other requirements of law. |