Spriggs v. State

WESSEL, JOHN D., Associate Judge.

During the closing arguments the prosecutor picked up the knife which was admitted into evidence as used by the appellant during an armed robbery, and said to the jury, “It’s not funny ... this is a weapon.”, and proceeded to stick the knife into the jury rail.1

Appellant claims it was error for the Trial Court to allow this communication even without a motion for mistrial. It is clear that the prosecutor’s acts were designed to inflame the jury. Accordingly, we rebuke and admonish the prosecutor for his improper communication. Prejudicial comments or…