Commonwealth v. Missimer

Citations

• 39 Pa. Super. 648
• 1909 Pa. Super. LEXIS 551

Syllabus

<p>Criminal law — Conspiracy—Improper remarks of district attorney — • Comment on failure of defendants to testify.</p> <p>Where on the trial of several defendants for conspiracy, the district attorney says to the jury that only two of the defendants had taken the witness stand, and one of the defendants who was acquitted objects to the remark, and requests that a juror be withdrawn, and the request is refused, and none of the other defendants make any such objection or request, the two defendants who went upon the stand and were convicted cannot, upon appeal, complain of the words of the district attorney, or of the action of the court in refusing to withdraw a juror and continue the case.</p>