People v. Pang Sui Lin

Criminal Law—Robbery—Misconduct op District Attorney—Improper Questions—General Bad Character op Dependants.— Where several Chinese defendants were jointly charged with robbing another Chinaman, and the evidence was conflicting, it was prejudicial misconduct of the district attorney to persist in asking improper questions relative to the general bad character of the defendants as to other matters disconnected with the robbery charged, which could only tend to, make the jury believe that men of such bad character would be likely to commit the offense charged; and it requires reversal of the judgment notwithstanding such questions were overruled, and the jury instructed to disregard them.

Ib.—Duty op District Attorney—Fair Trial por Dependant.—A fair trial for the defendant should invite and receive from the district attorney the same solicitous consideration as the conviction of the guilty, and it is as much his duty to safeguard the defendant’s constitutional rights as to seek a conviction; and if he violates his duty in that respeet for the sake of winning a victory in the lower court, he should expect a reversal upon appeal.

Id.—Review op Misconduct upon Appeal.—The misconduct of the district attorney can be reviewed only upon appeal from the judgment, and cannot be regarded upon a motion for new trial, and though the reversal of the judgment for misconduct of the district attorney has the same effect to require a new trial, yet that must be the proper procedure; and the order denying the new trial must be affirmed and the judgment reversed.