In what circumstances will the court overturn a conviction for misconduct in a criminal case if the argument included a statement that "we try to prosecute only the guilty"?
MultiRegion, United States of America
The following excerpt is from U.S. v. Sherlock, 962 F.2d 1349 (9th Cir. 1992):
In Hall v. United States, 419 F.2d 582, 587 (5th Cir.1969), the court reversed a conviction for prosecutorial misconduct in argument that included a statement that "we try to prosecute only the guilty."
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