Kriner v. McDonald

Opinion by

Hoffman, J.,

Appellant contends that the trial court erred in refusing to grant him a new trial after appellee’s counsel had prejudicially remarked that appellant’s deceased had been under the influence of alcohol at the time the deceased was struck and killed by appellee’s automobile. Appellee’s counsel made these references during his examination of witnesses and in his closing remarks to the jury.

On May 16, 1970, appellee Robert E. McDonald was proceeding east on West Cunningham Street in his automobile when the vehicle struck and killed the appellant’s deceased, Charles M. Kriner.