CRIMINAL LAW-MISCONDUCT OF ATTORNEYS DURING TRIAL-POSSIBLE REMEDIES

Authors

Abstract

Petitioner was indicted in a federal district court charged with having conspired with others to utter counterfeit Federal Reserve Bank notes. The case against the accused was weak. The prosecuting attorney in his arguments to the jury and in the examination of witnesses persisted over defendant's objections in making improper suggestions, insinuations and unproved assertions of personal knowledge, all highly unfavorable to defendant's case. The district court sustained objections to some of the questions but the case was submitted to the jury and defendant found guilty. Defendant appealed. Held, the misconduct of the prosecuting attorney being prejudicial to defendant constituted reversible error. Judgment reversed and new trial ordered. Berger v. United States, 295 U.S. 78, 55 S. Ct. 629 (1935).

Recommended Citation

CRIMINAL LAW-MISCONDUCT OF ATTORNEYS DURING TRIAL-POSSIBLE REMEDIES, 34 Mich. L. Rev. 1044 (1936).
Available at: https://repository.law.umich.edu/mlr/vol34/iss7/16