
    Sims v. The State.
    Argued October 20, —
    Decided October 29, 1903.
    Indictment for keeping policy lottery. Before Judge Seabrook. Chatham superior court. August 1, 1903.
    
      Robert L. Colding, for plaintiff in error.
    
      W. W. Osborne, solicitor-general, and D. J. Oharlton, contra.
   Canelek, J.

1. It appears that the alleged improper statement by the solicitor-general in his argument to the jury was, so far as it affected the accused, merely an assertion of a conclusion which was fairly inferable from the evidence ; and it was therefore not error to refuse to grant a mistrial because of such statement.

2. The evidence warranted the conviction of the accused, and the motion for a new trial was properly overruled.

Judgment affirmed.

All the Justices concur.  