People v. Barnhart

Ross, J.:

At the trial in the Court below the District Attorney, in his opening argument to the jury, stated that the witness. Brown testified that defendant, shortly after his arrest, requested him to ask the prosecuting witness, Badger, to come and see him, and that Badger testified that during such visits the defendant said, “ I would not have taken the horse if I had not been drunk”—from which the District Attorney proceeded to argue an inference of guilt, whereupon the defendant’s counsel objected to such action on the ground that no such testimony was given in the case. The prosecuting…