Mayes

The appellant was convicted of felony in stealing a blue steer, and has appealed from the judgment thereon and from an order denying a new trial. The evidence connecting him with the taking of the animal was sharply conflicting, and testimony impeaching nearly all of the witnesses who testified on either side of the case was presented to the jury. Under these circumstances the sufficiency of the evidence to sustain the verdict is not open for examination.

Appellant contends that the conduct of the district attorney was such as to prejudice his case before the jury, and to prevent him from having a fair and impartial trial. While it may be conceded that the language of this officer was not at all times characterized by the urbanity of a Chesterfield, and that his manner, *622 so far as it can be gathered from the record, was somewhat brusque, we cannot say that it was of such a character as to have interfered with the judgment of the jury upon the evidence before them. Although it is desirable that the amenities of social and professional intercourse should be observed in the courtroom, it must also be borne in mind that the temperament and mental peculiarities of individual…