Bailey v. State

Larry Bailey, the appellant, was indicted for the capital offense of murder during the course of a robbery as defined in Ala. Code § 13A-5-40(a)(2). The jury convicted him of the lesser included offense of murder and he was sentenced to life imprisonment. He raises two issues on this direct appeal from that conviction.

I

The appellant argues that he was entitled to a mistrial due to the following comment made by the prosecutor in closing argument to the jury:

"[MR. BROWN (deputy district attorney):] This is Darrell's [the victim's] only chance for a fair trial, too. More importantly, only chance…