People v. Ovegian

Defendant was convicted by a jury of conspiracy to commit first-degree murder, MCL 750.157a; MSA 28.354(1). He was acquitted of first-degree murder, MCL 750.316; MSA 28.548. Testimony at trial established that defendant was hired by Linda Hamilton to cause the death of her husband.

On appeal, defendant contends that he was denied a fair trial as a result of the prosecutor’s closing argument. He asserts that the prosecutor improperly commented on defendant’s failure to call alibi witnesses.

It is well established that where the defendant presents evidence of an alibi, the prosecutor may comment…