California, United States of America
The following excerpt is from People v. Aguilera, B256163 (Cal. App. 2015):
We agree with the trial court that the comment was objectionable not because it was misconduct but because it was argumentative. As the respondent noted in her brief, "The function of an opening statement is not only to inform the jury of the expected evidence, but also to prepare the jurors to follow the evidence and more readily discern its materiality, force, and meaning. [Citation.]" (People v. Dennis (1998) 17 Cal.4th 468, 518.) Statements in the form of an argument are appropriate only at the stage of closing arguments when all of the evidence has been adduced. As such, the trial court ruled correctly in sustaining the objection and admonishing the jury to disregard the argumentative statement.
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