A skunk is a skunk

Philip D. Cave

While doing some research on Wegner’s Ironic Process Theory, I came across this case–Volkmer v. United States, 13 F.2d 594 (6th Cir. 1926).

The other ground presents a more serious question. It is based on the concluding argument of the assistant district attorney, during which the following occurred: “Assistant District Attorney: A skunk is always a skunk; you can decorate him any way you want to. “Mr. Schlatter: I object to that kind of argument. “The Court: I presume you better confine your remarks to the evidence. “Assistant District Attorney: I also presume you cannot make a rose out of an onion, no matter what you do. * * * “Assistant District Attorney: Take a weak-faced weasel, such as the defendant — “Mr. Schlatter: I object to that; that degrading form of argument. “The Court: I do not believe I heard that. “Mr. Schlatter: I am talking about his attitude. It is for the jury to determine from the evidence. He may call attention to any discrepancy or call attention to any truth or untruth; but this is an attempt to defame the defendant, and picture him as a lower animal, and it seems to me it is absurd under the facts of this case.” The assistant district attorney thereupon proceeded with his argument. “Assistant District Attorney: — a cheap, scaly, slimy crook. “Mr. Schlatter: Certainly this practice is entirely new to the practice in our section of the country. “The Court: It is not what he thinks the defendant is — “Assistant District Attorney: I think I have a right to answer these insinuations. “The Court: I think you will make better progress by sticking to the facts of the case. “Assistant District Attorney: All right; I will withdraw all those remarks.

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