STATE v. KELLY

No. 6225.

113 N.H. 222 (1973)

STATE OF NEW HAMPSHIRE v. ROBERT P. KELLY

Supreme Court of New Hampshire.

May 31, 1973.


Attorney(s) appearing for the Case

Warren B. Rudman, attorney general, and Thomas D. Rath, attorney (Mr. Rath orally), for the State.

Shute, Engel & Frasier (Mr. Francis J. Frasier orally), for the defendant.


LAMPRON, J.

The issue to be decided is whether it was proper for the prosecutor to comment in his argument to the jury upon the failure of the defendant to call his wife, who was present at the trial, as a witness to support his testimony that he was with her at the time of the alleged crime. Defendant was found guilty of participating in a robbery which occurred at approximately three o'clock in the afternoon of June 1, 1968, at Zayre's, a department store in Manchester...

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