LAWSON v. STATE

No. 3-376A60.

355 N.E.2d 274 (1976)

Earmar LAWSON, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

October 13, 1976.


Attorney(s) appearing for the Case

Jerry E. Levendoski, Fort Wayne, for defendant-appellant.

Theodore L. Sendak, Atty. Gen., Robert F. Colker, Asst. Atty. Gen., Indianapolis, for plaintiff-appellee.


GARRARD, Judge.

A jury convicted Lawson of attempted armed robbery. Only one issue is presented on appeal. Did the court err in failing to grant a mistrial for prosecutorial misconduct during final argument?

In the opening portion of final argument, the prosecutor reviewed the testimony of the state's witnesses. He suggested that the state's evidence was without conflict and that the only conflict in the testimony heard at the trial derived from the statement...

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