Weeks v. State

363 So.2d 176 (1978)

Daniel WEEKS, Appellant,

v.

STATE of Florida, Appellee.

No. 77-1365.

District Court of Appeal of Florida, Fourth District.

October 11, 1978.

Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Benedict P. Kuehne, Asst. Atty. Gen., West Palm Beach, for appellee.

Defendant appeals his conviction of aggravated assault. We affirm.

In closing argument the prosecutor commented on the fact that a particular witness had not testified and was conveniently out of the State. Defendant…