STATE v. SMITH

No. 1673.

101 Ariz. 407 (1966)

420 P.2d 278

STATE of Arizona, Appellee, v. Sandy SMITH, Jr., Appellant.

Supreme Court of Arizona. In Banc.

November 17, 1966.


Attorney(s) appearing for the Case

Darrell F. Smith, Atty. Gen., and Gary K. Nelson, Asst. Atty. Gen., for appellee.

Vernon B. Croaff, Public Defender, and Grant Laney, Deputy Public Defender, for appellant.


BERNSTEIN, Vice Chief Justice.

The defendant appeals from a conviction of first degree burglary under A.R.S. § 13-302 rendered in the Superior Court of Maricopa County. Statements made by the prosecution during closing arguments relating to possible reasons that the defendant did not take the witness stand form the basis for this appeal.

During the course of trial the counsel for the defense made the following statement:

"Now this is bound to...

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