People v. Smith

The defendant, having been convicted of the crime of incest, appeals from the judgment on the verdict, and from an order denying his motion for a new trial.

On behalf of appellant it is claimed that he was prejudiced by certain questions, insinuations and remarks by the district attorney, which occurred during the cross-examination of the defendant, all of which it is claimed caused passion and prejudice against the defendant in the minds of the jury. During said cross-examination the defendant had testified .to the fact that while under arrest he was taken from the city jail and was kept for some time in the county hospital, and that he was filled full of whisky and questioned by a certain policeman. _ The alleged misconduct of the district attorney, if confirmed at all by the record, is covered by the folloiving:

It is possible that the manner of the district attorney, his tone of voice, and smile of incredulity were subject to criticism, and the judge was evidently of that opinion. But the incident standing alone is of minor importance and does not relate to a material matter, and cannot appropriately be magnified by imagining evil effects. The facts shown are not sufficient…