Washington v. State

It is error requiring the grant of a new trial for a trial court simply to overrule, without remedial instructions to the jury, the defendant's objection to the solicitor-general's use of the following language in his concluding argument to the jury: "If a case had not been made out against the defendant, then the court could and would have directed a verdict of not guilty."

DECIDED NOVEMBER 8, 1949.

The error assigned in ground 1 of the amended motion for a new trial is that the court erred in overruling the defendant's objection to the following statement made by the solicitor-general in…