Forster v. State

1. Mr. Bishop in Ms work on Criminal Procedure says: “The opinion of counsel, as to the guilt or innocence *599of the defendant, should not, we have seen, be by them expressed to the jury. Within this principle, a prosecuting lawyer ought not to assure the jury of his belief that he had made out a case against the defendant; for this is the exact question which they, alone and unbiased, are to decide. Yet one may well argue, and he should, that the testimony has established his client’s cause.” 1 Bish. Crim. Proc., § 975; a (2). This language has been quoted with approval by the Supreme Court and…