WAGNER v. STATE

CR-02-1309.

876 So.2d 1182 (2003)

Bruce WAGNER v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

September 26, 2003.


Attorney(s) appearing for the Case

Allison Wallace, Birmingham, for appellant.

William H. Pryor, Jr., atty. gen., and Bettie J. Carmack, asst. atty. gen., for appellee.


BASCHAB, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMILLAN, P.J., and SHAW and WISE, JJ., concur; COBB, J., concurs specially, with opinion.

COBB, Judge, concurring specially.

The prosecutor in this case made repeated comments in closing argument that a witness to the crime had been afraid of the defendant, Bruce Wagner, but no testimony in the record supported those statements. The trial court sustained one of defense counsel's objections...

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