McAvoy v. State

COBB, Judge.

The appellant, Steven McAvoy, was convicted after jury trial of trafficking in cocaine, delivery of cocaine and possession of cocaine. The only issue raised on appeal which warrants discussion is McAvoy’s contention that the trial court erred in depriving him of opening and rebuttal closing argument.

The basis of the court’s denial was the testimony of Farris Kincaid,1 who was called as a “court witness”2 upon the request of defense counsel, and over the objection of the state. The basis of the state’s objection was that Kincaid’s previous deposition showed that his testimony was…