Soucie v. State

The appellant was charged with the crime of assault and battery with intent to commit murder. He was found guilty of assault and battery.

Error is assigned upon the overruling of his motion for a new trial.

The first cause for a new trial presented by the brief involves a statement by the prosecuting attorney in argument to the effect that, in his opinion, some of the evidence was manufactured. When the statement was made the defendant charged that it was misconduct and asked that the submission be withdrawn. The jurors are not required to believe the testimony of every witness, and,…