State v. Molatore

Defendants Michael and Timothy Molatore were indicted, tried jointly, and convicted of the crime of selling a narcotic drug. ORS 474.020. This appeal raises essentially one claim of error, relating to asserted misconduct of the prosecutor while questioning the defendant Michael and arguing the case to the jury. The court refused to give a curative instruction or grant a mistrial or a new trial.

As a witness, Michael had admitted possessing the narcotic. During the prosecutor’s cross-examination, the following occurred:

“Q [By Mr. Sanderson, the prosecutor.] You are a pretty bright boy, aren’t…