How have the courts treated comments made by a prosecutor during questioning of victims in a civil case?

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

Page 15

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

1. Challenged Comments