State v. Hopper

HUSKINS, Justice.

Defendant contends that the district attorney’s argument to the jury was improper and that the court erred in permitting the prosecutor to comment on defendant’s failure to testify. The challenged argument is apparently located on pages 79, 80 and 92 of the record.

We note at the outset that defense counsel did not object to the challenged remarks at the time nor was the attention of the court called to them.

It has long been the law that:

“[Ejxception to improper remarks of counsel during the argument must be taken before verdict. [Citations omitted.] The rationale for this…