State v. McRae

MORRIS, Judge.

In the course of a sentencing hearing in a case heard prior to defendants’, the district attorney, referring to the defendant in that case, stated that “when a defendant refuses to testify, he may have a criminal record to hide.” These remarks were made in the presence of the venire which was to try defendants’ case. When their case was called, defendants moved for a continuance on the grounds that the district attorney’s remarks were prejudicial. The court conducted a voir dire, determined that the district attorney would not be in charge of trying the present case, and denied…