State v. Fellows

Defendant is appealing a judgment of conviction and sentence for a violation of R. C. 4511.19, operating a motor vehicle while under the influence of alcohol. In considering the assignments of error, we will set forth such facts as we deem essential to the disposition of each assignment.

The first assignment of error asserts that the trial court erred in overruling defendant’s motion for a mistrial and his motion for a new trial for misconduct of the prosecutor during closing argument. This claimed error is based on the following comments:

Mr. Rogers (the prosecutor): “ * * * As far as this…