Florida District Courts of Appeal, 1963

Clouser v. State

Florida District Courts of Appeal · Decided April 24, 1963 · Allen, Kanner, White

152 So. 2d 200; 1963 Fla. App. LEXIS 3613 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Singleton v. State (Fla. Dist. Ct. App. 1966)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Jack W. Clouser appeals his conviction and sentence on counts charging conspiracy, robbery, kidnapping and aggravated assault. Co-defendants Louis Harper and Edward Rogers were convicted on similar charges in the same trial.

In his closing argument the prosecutor commented on the failure of co-defendant Edward Rogers to testify. Defendant *201Clouser now contends on his separate appeal thnt. the comment was prejudicial to him also since it was reasonably calculated to raise a question in the jurors’ minds as to his own failure to testify. This question was recently decided by this court in reversing the conviction of co-defendant Louis Harper. Accordingly the conviction and sentence in the instant case are reversed and the cause is remanded for a new trial. See Harper v. State, Fla.App., 2nd District, 151 So.2d 881.

Reversed.

KANNER, Acting C. J., and ALLEN and WHITE, JJ., concur.

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