What is the test for denying a motion for a new trial because the prosecutor made improper prejudicial statements at the closing argument?

California, United States of America


The following excerpt is from People v. Simon, 208 Cal.App.3d 841, 256 Cal.Rptr. 373 (Cal. App. 1989):

We find that the trial court acted within its broad discretion (People v. Robarge (1953) 41 Cal.2d 628, 633, 262 P.2d 14) in denying appellant's motion for new trial.

[208 Cal.App.3d 849] 2. The prosecutor made improper, prejudicial statements during final argument.

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