Reports of Cases Argued and Determined in the Ohio Circuit Courts V.1-35 Ohio Circuit Decisions Volume 32 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ...such as, under the circumstances, were calculated to injuriously affect the defendant 's rights." (See the opinion in eastenso, and the statement of the case, for statements in argument held not to be such an abuse of privilege as to authorize the reversal of the judgment.) Slsson v. State. This is cited with approval in the case of Coyle v. State, 31 Tex. Crim. Rep. 604 21 S. W. 765; the same question arises in Hemingway v. State, 68 Miss. 371 8 So. 317. Also in Wells v. State, 16 S. W. 577 (Ark.); Heyl v. State, 109 Ind. 589 10 N. E. 916; sum v. Etln, 90 Ia. 534 58 N. W. 898; State v. McGahey, 3 N. Dak. 293 55 N. W. 753; State v. Moody, 7 Wash. 395 35 Pac. 132; State v. Sha/wen, 40 W. Va. 1 20 S. E. 873. i In the second paragraph of the syllabus of the case last cited this language is used: "Where a criminal trial is in other respects fair, a verdict of conviction will not be set aside for improper remarks of counsel where it" (the verdict) "is plainly warranted by the evidence of the case under the law, and no other verdict could have been fo11n(l without misconduct by the jury." In that case among other things which were improperly said by counsel for the state in his closing argument to the jury, were these words: "He is so steeped in crime that he has no friend to sit beside him during the trial." And yet in this case the conviction was affirmed because of the fact that the evidence so clearly established the guilt of the prisoner that no other verdict could have been found without misconduct by the jury From these authorities we feel justified in adhering to the general proposition that where it is plain from the evidence that the jury could not if they were sensible men reach any...