State v. Ware

Supreme Judicial Court of Maine
State v. Ware, 466 A.2d 29 (Me. 1983)
1983 Me. LEXIS 809
McKusick, Nichols, Roberts, Wathen, Yiolette

State v. Ware

Opinion of the Court

MEMORANDUM OF DECISION.

Lance Merle Ware appeals his conviction of robbery with a dangerous weapon in violation of 17-A M.R.S.A. § 651 (1983). His sole contention on appeal is that, during rebuttal, the prosecutor improperly commented on defendant’s failure to testify, requiring the vacating of the jury verdict and the granting of a new trial. After careful review of the rebuttal argument, we find that the prosecutor’s comments cannot be interpreted as referring to defendant’s silence at trial. Accordingly, we affirm the judgment of conviction entered by the Superior Court.

The entry is

Appeal denied.

Judgment affirmed.

All concurring.

Reference

Full Case Name
STATE of Maine v. Lance Merle WARE
Status
Published