Lopresti v. Sulkin

Citations

• 49 Pa. Super. 417
• 1912 Pa. Super. LEXIS 344

Syllabus

<p>Practice, C. P. — Trial—Withdrawal of juror — Continuance—Objectionable remarks by counsel.</p> <p>1. As a general rule a motion to withdraw a juror and continue the case, upon the ground of objectionable remarks made by counsel in addressing the jury, is addressed to the sound judicial discretion of the trial court, and its refusal of the motion is reviewable only for abuse of discretion.</p> <p>2. Where counsel makes a statement to the jury which might convey the impression that he had personal knowledge as to the statement which he made, but immediately upon objection states that he did not wish the jury to think that he was testifying as to the correctness of the remark, and the court at once cautions the jury to pay no attention to the statement of counsel as to matters of fact, but to take the testimony of the witnesses, the court is not guilty of a breach of discretion in refusing to withdraw a juror and continue the cases; nor is such a remark, under the circumstances, of so exceptional a kind as to render it the imperative duty of the court to at once withdraw a juror and continue the case.</p>