Dampier v. State

Appellant Dampier appeals from a conviction for breaking and entering with intent to commit a misdemeanor, contending he was denied his right to closing argument under RCrP 3.250. We agree and reverse.

Appellant and Curtis Reed were tried before a jury for breaking and entering. Appellant called no witnesses. Reed, who was represented by separate counsel, called witnesses on his own behalf. The trial court denied appellant’s request for closing argument on the grounds that witnesses called by Reed testified on appellant’s behalf. The court viewed this “indirect calling” as a forfeiture of…