State v. Farrow

ARNOLD, Judge.

Defendant first contends that the trial court erred in denying his motion for mistrial in that the district attorney, in his closing argument to the jury, referred to defendant’s failure to testify and offer evidence. Defendant’s contention is based on the following exchange, which occurred as the prosecutor was addressing the police officers having identified defendant as being the person they observed near the scene of the crime:

Mr. SMITH: . . . They know they can identify him and you have heard the two officers testify. If he can prove he was somewhere else, he can prove that…