Colley v. State

OPINION

Appellant Colley was convicted of attempted murder and battery with intent to commit sexual assault resulting in substantial bodily harm. On appeal he raises five assignments of error; none warrants reversal of the conviction.

1. Prosecutorial Comment. Colley gave alibi testimony in his own defense, detailing his actions on the evening the crime occurred. Colley named several friends whom he claimed had been with him. One of these was Colley’s fiancee, Debra. On cross-examination, the prosecutor asked Colley where Debra was. Colley responded that he would “stand the fifth on that.”…