Raggio v. People

Citations

• 135 Ill. 533
• 26 N.E. 377
• 1891 Ill. LEXIS 1084

Syllabus

<p>1. Hew trial—in criminal case—verdict against the evidence. In this case, which was a prosecution upon an indictment for murder, there was a conviction of manslaughter, and judgment accordingly. Upon a review of the evidence, on error, it was considered not sufficient to connect the accused with the homicide, and that it was error in the trial court to refuse to grant a new trial on the defendant’s motion.</p> <p>„ 2. Practice—improper remarks of the State’s attorney—when error. Where there is good reason to fear that a conviction of a homicide is not the result of a dispassionate consideration of all the evidence, and the evidence of the defendant’s guilt is not free from a reasonable doubt, aside from the evidence given in exoneration, it is material error for the court to allow the State’s attorney, in his closing argument to the jury, over the defendant’s objection, to make remarks and statements wholly outside of the case and not justified by the evidence, calculated to inflame the minds of the jury, and is ground of reversal.</p>