People v. Kelly

Defendant and one Talbott were charged jointly with the crime of embezzlement. From a judgment of conviction and an order denying his motion for a new trial, defendant Kelly appeals to this court.

The first point made by counsel is that the deputy district attorney in charge of the prosecution of the case on trial was guilty of gross misconduct while addressing the jury, and which misconduct resulted in prejudicially affecting defendant’s rights—the first specification of error in that regard being that, although defendant Kelly had not been called as a witness on the trial of the action, nor…