Gosha v. State

Hill, Justice.

The defendant was convicted of rape. On appeal he enumerates one error, that the trial court erred in overruling his objection to the prosecutor’s comments in closing argument upon the defendant’s failure to testify in surrebuttal.

The state presented evidence against the defendant, including the testimony of the victim. The defendant took the stand and testified as to an alibi defense. The state called two additional witnesses who testified to seeing the defendant at the scene of the crime.

In closing argument, the district attorney commented upon the defendant’s failure to…