People v. Cords

Defendant was convicted of the crime of rape upon a 12-year old girl residing at his home in the country, and prosecutes review by exceptions after sentence. The learned circuit judge endeavored to keep error out of the case but the prosecuting attorney succeeded in getting before the jury the very matters the judge, by rulings, excluded, and these were so prejudicial to the rights of defendant as to require us to grant a new trial.

We had occasion in People v. Root, 281 Mich. 239, to notice somewhat similar, but not so flagrant, acts of the prosecutor, and there held the error was cured by…