Covington v. State

Eldridge, J,

dissenting:

In my view, the record in this case clearly shows that there was a denial of Covington’s constitutional right to have closing argument made before the rendition of a verdict. The record also shows that there was no waiver of that right. In fact, there was no opportunity for counsel to have waived Covington’s right to have closing argument. Consequently, I would not relegate the matter to a hearing under the Post Conviction Procedure Act. Instead, I would reverse.

Although the majority, as well as the parties, refer to this case as having been tried on an “agreed…