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STATE v. OSBORNE

No. 51741.

139 N.W.2d 177 (1965)

STATE of Iowa, Appellee, v. Lyle Perry OSBORNE, Appellant.

Supreme Court of Iowa.

December 14, 1965.

Attorney(s) appearing for the Case

More & More, Harlan, for appellant.

Lawrence Scalise, Atty. Gen. of Iowa, and Don R. Bennett, Asst. Atty. Gen., for appellee.

RAWLINGS, Justice.

Defendant was convicted of breaking and entering in violation of section 708.8, Code of 1962. He did not testify at his trial. The county attorney in both his opening and closing arguments to the jury stated substantially as follows: "The defendant, Osborne, is the one person who could tell the jury what happened the night of the breaking and entering but he has elected not to testify, and an innocent person would take the witness stand and tell...

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