Smith v. State

MOORE, Justice.

Jay Tee Smith appeals a decision of the Superior Court denying his motion for a new trial following his conviction on the charges of Robbery First Degree and Conspiracy Second Degree. Among other arguments, Smith maintains that the prosecu tor improperly commented at trial upon the refusal of the appellant’s brother, Robert Smith, an alleged co-conspirator and former co-defendant, to be sworn and testify at the appellant’s trial, and that such commentary constitutes impermissible and prejudicial error under Fletcher v. United States, 332 F.2d 724 (D.C.Cir.1964). However, in our…