California, United States of America
The following excerpt is from People v. Goodwin, 261 Cal.App.2d 723, 68 Cal.Rptr. 247 (Cal. App. 1968):
People v. Lyons (1958) 50 Cal.2d 245, 262, 324 P.2d 556, 564, states the general rule regarding misconduct of the district attorney which tends to and is likely to result in prejudice to the defendant: "(W)here no objection is made to such misconduct by the defendant, or where objection is made and the court sustains the objection and properly admonishes the jury, the misconduct claimed to be prejudicial to defendant's rights will not furnish grounds sufficient to justify the granting of a new trial or the reversal of the judgment. (Citation.) There are two exceptions to this general rule. One is where the case is closely balanced and there is grave doubt of defendant's guilt, and the acts of misconduct are such as to contribute materially to the verdict, a miscarriage of justice results requiring a reversal. (Citation.) The other exception is where the act done or remark made is of such a character that a harmful result cannot be obviated or cured by any retraction of counsel or instruction of the court. * * * ' Whether a prosecutor has been guilty of prejudicial misconduct must be determined in the light of the particular factual situation involved.'
Here, at their worst, the prosecutor's statements do not fall within the two exceptions of the general rule.
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