State v. Guevara

Rogosheske, Justice.

Defendant appeals from a conviction by a jury of first-degree manslaughter upon a charge of an assault with a knife in the heat of passion resulting in the death of the person assaulted. His appeal assigns as error the court’s refusal to grant a new trial upon the claim of prejudicial misconduct of the prosecuting attorney during cross-examination and closing argument. A brief recital of what the evidence tends to establish is necessary to understand defendant’s contentions and our decision.

Late one Saturday afternoon in the fall of 1962, defendant, a 62-year-old tannery…