State v. Smith

The sole issue presented in this case is whether the prosecution’s remarks in rebuttal closing argument constituted prejudicial conduct sufficient to require reversal of Smith’s conviction. This court concludes that the statements by the prosecution went beyond the record, were not substantiated by the evidence and characterized the defense in derogatory terms clearly designed to sway the jury. This misconduct substantially prejudiced Smith’s rights and warrants reversal.

The prosecution is normally entitled to a certain degree of latitude in its concluding remarks. State v. Woodards (1966), 6…