What is the test for misconduct in a civil case where a prosecutor asked a witness which type of gun had been used?

California, United States of America


The following excerpt is from People v. Sanders, A142875 (Cal. App. 2016):

During the questioning of several of the victims, the prosecutor explained the difference between a revolver and a semiautomatic handgun and then asked the witness which type of gun had been used. Appellant argues these prefatory statements amounted to misconduct, citing the principle that a prosecutor may not testify before the jury by

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referring to facts not in evidence. (See People v. Hill (1998) 17 Cal.4th 800, 827-828.) We reject the claim.

1. Challenged Comments

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