SMITH v. STATE

67539.

170 Ga. App. 673 (1984)

317 S.E.2d 626

SMITH v. THE STATE.

Court of Appeals of Georgia.

Rehearing Denied April 10, 1984.


Attorney(s) appearing for the Case

Anthony R. DeStefano, for appellant.

F. Larry Salmon, District Attorney, T. Russell McClelland II, Assistant District Attorney, for appellee.


SHULMAN, Presiding Judge.

Appellant was convicted of burglary and, in his sole enumerated error, claims that the trial court erroneously permitted the assistant district attorney to comment in his closing argument on appellant's failure to testify.

At trial, appellant presented no evidence other than an almanac. During his closing argument, the prosecuting attorney stated: "The evidence is uncontradicted and unrefuted that he had the stolen t.v. set. Has there...

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