People v. Enright

I dissent and vote for reversal and a new trial on the ground that the persistent indulgence of the district attorney in inflammatory remarks in his summary to the jury tended to create such a prejudice against the defendant, and to inspire fear in the minds of the jury in case they did not convict, that a new trial should be had in the interests of justice.

Such remarks were not justified by any language claimed to have been used by defendant’s counsel, and which are not shown by the record.

The learned district attorney in his zeal to obtain a conviction at all hazards was led into the use of…