Johnson v. State

BOWEN, Judge.

Eddie Johnson and his brother, Tab Ma-jester Watkins, were separately indicted for the murder of Wallace Edward Smith in violation of Ala.Code 1975, § 13A-6-2. By agreement, their cases were consolidated for trial. Each man was convicted of murder and sentenced to thirty years’ imprisonment. On this appeal from those convictions, both Johnson and Watkins contend that the prosecutor committed error in his closing argument to the jury by arguing flight when such was not in evidence.

The facts surrounding this issue are not disputed. On two separate occasions in his closing argument,…