Jacobs v. State

COBB, Judge.

The appellant raises several points on appeal. First, it is contended the trial court should have declared a mistrial because the prosecutor, during opening statement, cautioned the jury to listen very carefully to the defense’s alibi witnesses because they had given inconsistent statements. The trial court instructed the jury to disregard any statements concerning an alibi, but denied a motion for mistrial. Ultimately, the defense presented no evidence.

In closing argument the prosecutor maintained that the defense had presented no evidence to contradict the state’s case, and…