Eley v. State

Murphy, C. J., and Rodowsky, J., dissent. Murphy, C. J., filed a dissenting opinion at page 556 infra, in which Rodowsky, J., joins.

The question here is whether the trial court erred when it refused to allow defense counsel in closing argument to comment upon the lack of any evidence with respect to fingerprints on the escape vehicle allegedly used by the appellant.

Early in the evening on the date of the events in question, the appellant, Jonathan Wayne Eley, was involved in an altercation with several members of the family of Gary Johnson. A police officer was called to the scene and he…