People v. Cooper

The defendant, Edward Cooper, was charged by information with attempted murder, aggravated battery and armed violence. On January 9, 1981, defendant’s first trial ended in a mistrial based on a deadlocked jury. Following a second jury trial, defendant was convicted of aggravated battery and sentenced to an extended term of nine years. The defendant contends on appeal that (1) the trial court erred in not granting his motion for a mistrial based on a comment by the prosecutor on the defendant’s failure to testify; (2) the trial court erred in allowing the prosecutor to indicate to the jury…