Taylor v. State

WALSH, Justice:. In this appeal from the Superior Court, we again address a claim of prosecutorial misconduct occurring during summation to a jury. We conclude that the prosecutor’s “concession” to the jury that the State “probably” had not provided sufficient evidence to establish four of the eight theft charges submitted to the jury constituted an admission that the State had not presented a prima facie case as to those charges. In view of that concession, the appropriate course was to decline further prosecution of those charges. We further conclude that it was error for the trial judge to…