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SMITH v. STATE

6 Div. 43.

375 So.2d 1276 (1979)

John Ray SMITH v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied October 2, 1979.

Attorney(s) appearing for the Case

B. J. McPherson, Oneonta, for appellant.

Charles A. Graddick, Atty. Gen. and Mary Jane LeCroy, Asst. Atty. Gen., for the State, appellee.

CLARK, Retired Circuit Judge.

Appellant was convicted of rape and sentenced to imprisonment for fifteen years.

During the closing argument of counsel for the State, the following occurred:

"MR. BURTTRAM: . . . . Tell me one word you have heard. "MR. McPHERSON: We object, and move for a mistrial. He is referring to this defendant not testifying. "THE COURT: Gentlemen of the Jury, you will consider only the evidence as it comes from...

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