People v. Morlock

In People v. Morlock (1956) 46 Cal.2d 141, a death penalty appeal, the Supreme Court held that the prosecutor committed misconduct by misstating the law, where he erroneously indicated that a sentence of life imprisonment meant that the defendant was eligible for parole within seven years, rather than after having served at least seven years. The Supreme Court found this to be nonprejudicial. The court observed that "if this were a case where proof of guilt was questionable, we would be disposed to hold that such a statement constituted prejudicial misconduct and justified a reversal," but held that on the evidence presented, it was "not possible that defendant could have been prejudiced by the erroneous statement." ( Id. at p. 148.)