Legal Opinion · Concurrence

State v. Durden

Supreme Court of South Carolina

Decided March 13, 1975No. 19973Published

1ConcurrenceBussey, Justice

(concurring) :

I concur in the opinion of Mr. Justice Littlejohn, but deem further comment appropriate as to question number three. There is abundant persuasive authority from other jurisdictions indicating that the latitude allowed a prosecutor in arguing before a jury is not nearly so broad as indicated by the text in 23A C. J. S. Criminal Law § 1107, quoted in the opinion of Mr. Justice Littlejohn, and there are numerous decisions holding arguments similar to that allegedly made by the prosecutor in this case to be improper. See for instance, Emerson v. State, 90 Ga. App. 323, 82 S. E. (2d)…

2Cases cited2 opinions

  1. State v. . PhiferSupreme Court of North Carolina · 1929
  2. Emerson v. StateCourt of Appeals of Georgia · 1954

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