State v. Kingsley

I concur in all of the foregoing except the process of reasoning employed by my associates in reaching their conclusion that no reversible error was committed when the court permitted the district attorney to advance the challenged argument. I agree with the result reached by the majority, but do so by a different process of reasoning which does not subscribe to the doctrine that when the attorney for the defendant departs from the record the district attorney must stay within it; rather, I am of the opinion that the act of the defendant's attorney in going outside of the record, over the…