Newman

Defendant appeals from a judgment of conviction, as well as from an order by which his motion for a new trial was denied, as to each of eighteen specified counts of an indictment returned against him wherein he was charged with the crime of presenting false claims of insurance and the crime of presenting false proofs in support of claims upon policies of insurance, each claim presented being made the basis of two counts in the indictment.

Without reference to either of the several other reasons urged by appellant, which, if considered tenable, would indicate that the judgment should be set aside and a new trial awarded to defendant, it is deemed necessary by this court to consider but one of such points advanced by ap pellant. It relates to the alleged prejudicial misconduct of the deputy district attorney which occurred during and in the course of the trial of the action. Were the misconduct to which reference is had by appellant confined to but an isolated remark uttered by the district attorney either in the heat of argument or in some other mitigating circumstances, it is possible that the ordinary prejudicial effect of such conduct might be so ameliorated that it could not…