STATE v. FERGUSON

No. 82-441.

5 Ohio St. 3d 160 (1983)

THE STATE OF OHIO, APPELLANT AND CROSS-APPELLEE, v. FERGUSON, APPELLEE AND CROSS-APPELLANT.

Supreme Court of Ohio.

Decided June 22, 1983.


Attorney(s) appearing for the Case

Mr. John T. Corrigan, prosecuting attorney, and Mr. De Louis Broughton, for appellant and cross-appellee.

Mr. Stephen G. Thomas, for appellee and cross-appellant.


CELEBREZZE, C.J.

I

At issue in the first instance is whether the prosecutor's comment in closing argument that the state's evidence is "uncontradicted" is a comment on the accused's failure to take the stand and consequently a violation of the accused's right against self-incrimination.

During closing argument, the prosecutor made several remarks which appellee characterizes as impermissible references...

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