State v. O'NEAL

{32} I concur with the majority that to allow the prosecutor’s repeated reference to Defendant’s notice of alibi and the name of the purported alibi witness was error. Unfortunately, this is a case where the only answer to the question of what the proper result would have been is to allow the trial to end without putting improper evidence before the jury. Since I cannot fairly state that the pinning of the notice of alibi and its witness to the defense well in advance of the defense’s case did not appreciably affect the verdict, I will not agree that the error upon which we agree was…