What is the state of the law on the doctrine of 'not in evidence'?
California, United States of America
The following excerpt is from People v. Iles, E070351 (Cal. App. 2019):
9. Defendant asserts that it "invite[d] the jurors to base their verdict on facts that are not in evidence." However, "'[c]ounsel may argue facts not in evidence that are common knowledge or drawn from common experiences.' [Citation.]" (People v. Mendoza (2016) 62 Cal.4th 856, 908.) That is all the prosecutor did here.
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