Carter v. State

Shulman, Judge.

Appellant appeals his conviction of five counts of armed robbery. For the reason set forth in Division 5 the judgment is vacated and remanded.

1. Appellant submits that the trial court erred in overruling his objection to a remark of the prosecutor referring to “flight.” Appellant contends that such a reference, without evidentiary support, impermissibly placed his character in issue. We disagree.

Although the court did not instruct the jury on the law of “flight,” we cannot agree that there was no evidence to support the inference of flight. There was testimony by the arresting…