West Headnote of the Day – August 16, 2010

August 16, 2010

West's Key 110 Criminal Law
West's Key 110XXXI Counsel
West's Key 110XXXI(F) Arguments and Statements by Counsel
West's Key 110k2145 Appeals to Sympathy or Prejudice
West's Key 110k2146 k. In General.

110 Criminal LawProsecutor’s recitation of the “Now I Lay Me Down To Sleep” prayer during closing arguments of first degree murder and arson trial was improper; recitation of prayer was not based upon properly introduced evidence and was an inappropriate appeal to the sympathy and emotions of the jury.
State v. McCracken, 624 S.E.2d 537 (W. Va. 2005)

Suggested by Laurie Oliver; Team Coordinator, Legal Editorial Operations; West