State v. Wilson

ORR, Judge.

Defendant brings forward five assignments of error for which he maintains a new trial is required. We agree for the reasons set forth below and find that defendant is entitled to a new trial.

Defendant argues that the trial court impermissibly overruled defendant’s objection to the prosecutor’s jury argument about Cynthia Caldwell’s absence as an alibi witness.

In his closing remarks, the prosecutor stated that defendant’s two alibi witnesses (other than his wife), Cynthia Caldwell and “Vertie,” did not testify for defendant because they did not want to lie. The prosecutor stated:

Acco…