State v. Jackson
| Decision Date | 01 October 1968 |
| Docket Number | No. 1065,1065 |
| Citation | 246 A.2d 829,127 Vt. 237 |
| Parties | STATE of Vermont v. Harold W. JACKSON. |
| Court | Vermont Supreme Court |
Robert Edward West, State's Atty., and Peter a. Cady, Asst. State's Atty., for the State.
Earle J. Bishop, Rutland, for respondent.
Before HOLDEN, C. J., and SHANGRAW, BARNEY, SMITH and KEYSER, JJ.
The facts in this case have been sufficiently set forth in 126 Vt. 250, 227 A.2d 280, where other questions were here for review. This appeal is confined to one issue, relating to the propriety of the state's attorney's argument to the jury. The claim is that it represented an expression of the personal belief of the prosecutor that the respondent was guilty.
In State v. Parker, 104 Vt. 494, 500-503, 162 A. 696, this Court condemned, in strong language, the resort to jury arguments inflammatory in content, departing from the evidence presented at the trial, or representing an injection into the case of the prosecutor's personal belief as to the guilt of the accused. We now, in no sense, retreat from that condemnation. This stricture is directed toward the conduct of those professionally employed in representing the State before the courts of Vermont, and is a directive as to their performance of their duties. In this regard it should be enough to say that comment of such kind is to be entirely avoided. Whenever, in a given instance, this Court may determine that a particular comment does not amount to prejudice to a respondent, this is not to be taken as, in any sense, approving the particular tactic or giving dispensation for its repetition.
However, aside from our particular interest in professional conduct, we must also adjudicate between the interests of the people of the State of Vermont and those of the respondent. It is here that the rule applies that places the burden on the respondent of make an affirmative showing of prejudice. State v. Parker, supra, 104 Vt. 494, 500, 162 A. 696. It is here that it is repeatedly said that there is little profit in comparing one case with another. State v. Gravelle, 117 Vt. 238, 246, 89 A.2d 111.
Thus, the fact that the argument made by the state's attorney in this case, although different than the one in State v. Parker, supra, did have points of similarity, is not necessarily controlling. The offending argument here is stated to be as follows: that the information in this case was brought by the State's Attorney after a thorough investigation and that he was convinced that the crime had been committed.
As we have said, from the standpoint of professional practice, we are not disposed to distinguish them by approving one and...
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State v. Hohman, 32-79
...we must also adjudicate between the interests of the people of the State of Vermont and those of the respondent." State v. Jackson, 127 Vt. 237, 238, 246 A.2d 829, 830 (1968). This latter duty requires a determination of the prejudice to the defendant under the particular circumstances of t......
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State v. Ayers
...Ross, 130 Vt. 235, 238-39, 290 A.2d 38, 40 (1972); State v. Bishop, 128 Vt. 221, 229, 260 A.2d 393, 399 (1969); State v. Jackson, 127 Vt. 237, 238, 246 A.2d 829, 829-30 (1968); State v. Gravelle, 117 Vt. 238, 246, 89 A.2d 111, 116 (1952); see also Code of Professional Responsibility DR 7-10......
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State v. Foy
...has been held to be adequate on different facts. State v. King, 131 Vt. 200, 209, 303 A.2d 156, 162 (1973); State v. Jackson, 127 Vt. 237, 239, 246 A.2d 829, 830 (1968). The circumstances of each case must govern its merits. The final inquiry is whether the defendant's rights were so injuri......
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State v. Lapham
...evidence, nor represent an injection into the case of the prosecutor's personal belief as to the guilt of the accused. State v. Jackson, 127 Vt. 237, 246 A.2d 829 (1968). The burden of proving prejudice is on the respondent. State v. Parker, 104 Vt. 494, 500, 162 A. 696 (1932). Whether an i......