Criminal law — Practice — Trial — Withdrawal of juror — Remarks of prosecutor — Reference to picking on officers when case is weak.
The refusal of a new trial, after conviction on an indictment charging assault and battery, applied for on the ground that the prosecuting attorney, in his closing address to the jury, had improperly remarked, that "when the facts in the case are weak, and the law is weak, it is usual to pick on the officers; good father, good mother, bad officers and not a word about defendant," was on appeal held not to be reversible error, where the statement was made in response to the argument of counsel for the defendant who devoted much time to the character of defendant's parents and the bad conduct of the Commonwealth's officers, and defendant did not move to withdraw a juror nor did he request the trial judge to instruct the jury to disregard the objectionable language, although the court did so of its own motion.
Argued May 3, 1937.
PER CURIAM, May 5, 1937:
The judgment is affirmed on the opinion of the learned judge of the court below, Judge JONES, as it appears in the reporter's statement.