Kimble v. State

The appellant, Michael Kimble, was convicted of murder, in violation of § 13A-6-2, Code of Alabama (1975), and was sentenced to life imprisonment pursuant to the Habitual Felony Offender Act.

The appellant argues that, during the prosecutor's closing argument, he made an impermissible comment on the appellant's failure to testify. The following transpired during the prosecutor's closing argument:

"(Whereupon, [the prosecutor] continued his closing statement where the following objection occurred:)

"[Defense Counsel]: Objection, I move to exclude.

"THE COURT: I exclude it, Ladies and Gentlemen.

"[De…