Section 13.10 Comments Concerning the Evidence

• Library: Civil Trial Practice 2015 Supp

H. (§13.10) Comments Concerning the Evidence

Of course, the whole argument can be said to be a comment on the evidence, but there is a line of cases dealing with the bounds within which comments should be made. For instance, while counsel should not argue inferences from the evidence not justified by it (§13.8, supra), and deliberate misstatements of the evidence are not countenanced, Engler v. Engler, 455 S.W.2d 36 (Mo. App. E.D. 1970), it is also generally held that counsel is allowed wide latitude in argument even though the inferences that are argued might be considered illogical or erroneous. See:

· Nelson v. Waxman, 9 S.W.3d 601, 606 (Mo. banc 2000);

· Harp v. Ill. Cent. R.R. Co., 370 S.W.2d 387 (Mo. 1963);

· Eickmann v. St. Louis Pub. Serv. Co., 323 S.W.2d 802 (Mo. 1959);

· Glore v. Bone, 324 S.W.2d 633 (Mo...