People v. Johnson

Miss JUSTICE McGILLICUDDY

delivered the opinion of the court:

The defendant, Michael Johnson, was convicted of armed robbery in a jury trial and sentenced to serve four to six years in the penitentiary. On appeal the defendant contends that the court erred in admitting into evidence the testimony of a police officer that the complaining witness had made a prior out-of-court identification of the defendant, and that several improperly prejudicial comments by the prosecutor during closing arguments deprived him of a fair trial.

The complaining witness, Ned Waits III, testified that on April 9,…