Spence v. State

The Court today fashions a per se rule which requires a new trial whenever the trial judge announces a verdict before the defendant has either made or waived closing argument. In so doing, the majority creates a flat and absolute rule of constitutional dimension which is not recognized in any other jurisdiction. I, therefore, respectfully dissent.

The trial in this case was before the court, sitting without a jury. At the conclusion of the State’s case, Spence moved for a judgment of acquittal and argued in favor of the motion at some length. After the motion was denied, the defense presented…