People v. Maurilla
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Alberta Maurilla, from a judgment of the County Court of Rockland county, rendered against him on the 9th day of March, 1918, convicting him of the crime of murder in the second degree, and also from an order entered in said clerk’s office on the 31st day of December, 1918, denying defendant’s motion for a new trial upon the ground of newly-discovered evidence.
1Per curiam
The learned district attorney was over-zealous in summing up this case, where he spoke of the scorn and criticism to which the jury would expose themselves if they failed to convict *810the defendant, and in his reference to the alleged failure on the part of other juries to do what the district attorney considered was their duty. The learned county judge should have heeded the protest of defendant’s counsel and should have cautioned and restrained the prosecuting officer. If the proof of defendant’s guilt was not so convincing, the action of the prosecuting officer might be. considered on the…
2Cited by4 opinions
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