Summary

Mercer v. Theriot — Opinion of the Court

We must consider next the sufficiency of the evidence adduced at trial. Our examination of the record indicates that the jury could reasonably have found the following facts: Decedent's body was discovered on an island on the right side of a black top road; the body was two or three feet off the edge of the road; near the body tire marks ran off the road for some distance; death resulted from a violent blow; the time of death was fixed at about 7:30 p.m.; the road was the only highway leading from the island to the respondent's home
Source: Wikisource

Mercer v. Theriot — Opinion of the Court

Counsel for the respondent did not object to this evidence but in fact elicited the same evidence in his examination of the witness. On this record, the admission of the evidence cannot be deemed a deprivation of 'substantial justice,' Rule 61, Fed.Rules Civ.Proc. Finally, the Court of Appeals held that the inflammatory nature of the opening statement of petitioner's counsel required a new trial. Counsel told the jury that he would establish that respondent 'was a hit and run driver,' with 'a complete disregard for * * * life.' Id., at 758.
Source: Wikisource

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