State v. Seeger

Defendant was convicted by jury of assault and robbery while armed and sentenced to 18 years’ imprisonment. He appeals, making one assignment of error, which was based upon a remark made by the prosecuting attorney immediately after the prosecutor had concluded his opening statement to the jury. At that point the following occurred:

“[COUNSEL FOR DEFENDANT]: Your Honor, we will reserve our opening statement until the time when we put on our evidence.

“[PROSECUTOR]: I object to that kind of a tactic, allowing the defendant to make up a story while the case is going on. And I think the rules…