State v. Griffiths

Even before Chapman v. State of California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967), this Court in State v. Spencer, 74 Idaho 173, 258 P.2d 1147 (1953), dealt with prosecutorial misconduct in closing summation. Finding such misconduct in that case, the court did not equivocate or mince words, but reversed the judgment of conviction of second degree murder, and remanded for a new trial:

“It is the duty of a prosecuting attorney to see that the accused has a fair and impartial trial. State v. Bush, [50 Idaho 166, 295 P. 432] supra; State v. Irwin, 9 Idaho 35, 71 P. 608, 60 L.R.A. 716;…