State v. Froats

Defendant appeals from his district court conviction for reckless driving. The only issue which merits discussion is defendant’s contention that the prosecutor should not have been permitted to argue before the jury about the nonappearance of a witness who, defendant claims, would have refused to testify on self-incrimination grounds if he had been called.1

Defendant testified that he was not driving at the time and place in question; that the driver was one Ray Hoppe. In closing argument the prosecutor made much ado about, defendant’s failure to call Ray Hoppe as a witness. Defense counsel…