STATE v. CANNON

No. 4074-PR.

118 Ariz. 273 (1978)

576 P.2d 132

The STATE of Arizona, Appellee, v. Ronnie James CANNON, Appellant.

Supreme Court of Arizona, In Banc.

March 2, 1978.


Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by William J. Schafer, III and Crane McClennen, Asst. Attys. Gen., Phoenix, for appellee.

Derickson, Kemper & Henze by James Hamilton Kemper, Phoenix, for appellant.


CAMERON, Chief Justice.

This is an appeal from a jury verdict and judgment of guilt to the crime of voluntary manslaughter while armed with a gun or deadly weapon. A.R.S. §§ 13-456 and 457. Defendant was sentenced to serve not less than forty nor more than fifty years in the Arizona State Prison.

We must answer one question: Were the closing comments of the prosecutor calculated to point out to the jury that the defendant had not taken the stand...

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