Is a defendant prejudiced by a prosecutor's misstatement of evidence?
California, United States of America
The following excerpt is from People v. Lee, B259895 (Cal. App. 2015):
that the attorneys' arguments do not constitute evidence.3 (See People v. Friend (2009) 47 Cal.4th 1, 84 [defendant was not prejudiced by the prosecutor's alleged misstatement of the evidence because "the trial court instructed the jury that the arguments of counsel were not evidence"].)
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