Lawson v. United States

NEWMAN, Associate Judge:

Pernell Lawson was convicted of armed robbery, and assault with intent to commit robbery while armed. He challenges that portion of the government’s closing argument wherein the prosecutor, without obtaining the trial court’s permission, referred to Pernell’s failure to call certain persons as witnesses and urged the jury to draw an adverse inference from such failure. We hold that the prosecutorial remarks'were improper and, in the circumstances of this case, deprived appellant of a fair trial. We reverse his convictions.

I

The indictment charged that Lawson committed…