Hampton v. State

PARKS, Judge,

specially concurring:

Addressing appellant’s final assignment of error, I believe the prosecutor’s comments were improper. The prosecutor repeatedly asked appellant why no one had been told of his alibi defense. The State urges that the prosecutor’s line of questioning was not improper because appellant failed to comply with 22 O.S.1981, § 585 which requires a defendant to give notice of his alibi defense five days prior to trial. Although appellant failed to comply with Section 585, the proper remedy for the State would have been to request a continuance to investigate the alibi…