Caldwell v. Brown

(After stating the foregoing facts.) The special grounds of the amended motion for a new trial reveal numerous instances in which counsel for the defendant interposed remarks, comments, and opinions on matters not in evidence, both as between themselves and to the court in the hearing of the jury, and also in the concluding argument, which constituted violations of proper courtroom decorum. (1) At one time counsel interrupted the cross-examination of the defendant’s medical witness by saying, “He found out what was wrong with her.” (2) Again, referring to a former trial of the case, evidence…