People v. Looney

WOOD, J., Concurring.

I concur in the judgment. In my opinion the trial court erred in ruling that defendant La Caster could not discuss his own testimony in his argument to the jury. The argument of defendant not being before us, we should presume that he obeyed the ruling of the court, and that in any event the court enforced its ruling. This error, however, should not cause a reversal of the judgment for the reason that La Caster virtually admitted his guilt while testifying as a witness. From his own testimony the jury could bring in no other than a verdict of guilty and defendant cannot possibly expect a reversal of the judgment on this point.

A petition by appellant to have the cause heard in the Supreme Court, after judgment in the District Court of Appeal was denied by the Supreme Court on October 31, 1935.