Commonwealth v. Cherry

OPINION OF THE COURT

ROBERTS, Justice.

Appellant Elbert Spencer Cherry was tried before a jury and convicted of murder of the first degree, attempted aggravated robbery, and conspiracy in connection with the April 22, 1971 slaying of Morrell Reed. In this appeal, appellant contends that statements of the prosecutor made during closing argument to the jury were improper and deprived him of a fair trial. 1 We agree, reverse judgment of sentence and grant appellant a new trial. 2

I

Mrs. Barbara Calloway Roby, the principal witness for the Commonwealth, testified that Morrell Reed and she were…