City of Sioux Falls v. Johnson

The defendant stands convicted of driving while intoxicated in contravention of an ordinance of the City of Sioux Falls. The sufficiency of the evidence to sustain -the verdict of guilty is not questioned. The principal contention is that the prosecuting attorney was guilty of such .misconduct in the cross-examination of defendant as to render the -trial unfair.

In ‘an effort to account for his actions -at the time of his arrest, the 22-year-old defendant had stated on direct examination that the arresting officer was angry and he, the defendant, was awfully seared. We quote from the record of…