State v. Ellinger

DIXON, Judge.

Defendant appeals his conviction and a court-imposed sentence of three years upon his conviction as a second offender of the offense of exhibiting a deadly weapon in a rude, angry and threatening manner. Defendant attacks the sufficiency of the evidence, the closing argument of the prosecutor as being a comment on the defendant’s failure to testify and as implying the defendant was a threat to each juror if they failed to find the defendant guilty.

The question of sufficiency is raised by the defendant’s motion in the trial court to enter a verdict notwithstanding the jury’s…