People v. Mitchell
California Supreme Court
Appeal from a judgment of conviction and from an order denying a new trial in the Superior Court of the County of Butte. Hundley, J.
1Opinion of the Court
McKinstry/J.:
In his closing argument to~the jury the District Attorney was permitted by the Court—notwithstanding the objection and exception of defendant—to aver, and argue from, the existence of facts as to which no evidence had been offered or introduced.
The impropriety of the statements, and apparently their materiality, were conceded by the District Attorney and by the Court, but the Court held that the District Attorney was justified in departing from the testimony, because counsel for defendant had done the same thing. If the record showed (which it does not) that such statements had…
2Cases cited8 opinions
- Brown v. SwinefordWisconsin Supreme Court · 1878
- Ferguson v. StateIndiana Supreme Court · 1874
- People v. BarnhartCalifornia Supreme Court · 1881
- State v. . SmithSupreme Court of North Carolina · 1876
- Rolfe v. Inhabitants of RumfordSupreme Judicial Court of Maine · 1877
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