83 Ind. 559 | Ind. | 1882
On the trial of this cause the appellee put in
Conceding, but not deciding, that the appellee’s counsel was incorrect in his statement of the law to the jury, upon the subject of the failure of a party to produce papers in cases where no notice to produce has been given, we are clear that the appellant is not entitled to a j udgment of reversal. Courts ■can not undertake to confine the argument of counsel within .such rigid limits as appellant seeks to establish. Errors in logic, or in law, occurring in the address to the jury, can not be made a cause for overturning the verdict, [f the error is of logic — if illogical conclusions are drawn or illicit inferences made — the courts can not correct them by directing counsel to reason logically. If, however, counsel state the law incorrectly in their address to the jury, the adverse party can secure a correction. The correction is not to be obtained by objecting to the statements of the counsel during the argument, but by asking the court to give the law to the jury in its instructions.
Judgment affirmed.