BURGESS v. STATE

61887.

158 Ga. App. 593 (1981)

281 S.E.2d 337

BURGESS v. THE STATE.

Court of Appeals of Georgia.

Decided May 20, 1981.


Attorney(s) appearing for the Case

C. P. Brackett, Jr., for appellant.

Harry N. Gordon, District Attorney, B. Thomas Cook, Jr., Assistant District Attorney, for appellee.


DEEN, Presiding Judge.

Appellant's sole enumeration of error in his appeal from his conviction of armed robbery is that the trial court erred in failing to grant his motion for a mistrial after the prosecutor commented on his exercise of his right to remain silent. Held:

During closing argument, the prosecutor stated: "Well, there is uncontradicted evidence in this case that Tom Burgess had the gun, that Tom Burgess . . ."

While considerable...

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