People v. Michor

Although the evidence amply justified the jury’s verdict of guilty, the conduct of the assistant district attorney so exceeded the bounds of proper advocacy that we feel constrained to reverse the judgment and order a new trial.

Upon the first trial of the indictment the jury disagreed. The defendant had there not taken the witness stand. He took the witness stand upon this trial and was, of course, then subject to all legitimate cross-examination. Indeed, it has been held that he might have been interrogated as to whether on a previous trial or proceeding he had refused to testify on the…