State v. Cannon

CAMERON, Chief Justice.

This is an appeal from a jury verdict and judgment of guilt to the crime of voluntary manslaughter while armed with a gun or deadly weapon. A.R.S. §§ 13-456 and 457. Defendant was sentenced to serve not less than forty nor more than fifty years in the Arizona State Prison.

We must answer one question: Were the closing comments of the prosecutor calculated to point out to the jury that the defendant had not taken the stand in his own defense?

The facts necessary for a determination of this matter on appeal are as follows. On or about 29 July 1975, the body of Carmen Cannon…