Wilcomb v. Duston

Objection being made to certain statements of counsel in argument as to what the evidence was, the court corrected the misstatements and counsel acquiesced. Thereafter -the court found that the statements by the court “sufficiently corrected these errors to prevent the jury from being misled thereby, and that the trial was not therefore rendered unfair by the objectionable argument.” This finding is excepted to as having no foundation in the facts of the case.

The question involved in the finding is peculiarly one of fact. The efficiency of a correction depends very largely upon the manner in…