Augustus Geeter v. United States

401 F.2d 176

Opinions

PER CURIAM.

We have carefully considered appellant’s assignments of error and find that they are without merit.

Appellant contends that the prosecutor improperly argued with respect to the absence of an alibi witness, with respect to appellant being in the Tiki barber shop and with respect to appellant’s pretrial silence.

In his opening statement and closing argument, counsel for defendant brought up the absence of the alibi witness and the pretrial silence of defendant, and made no objections at the trial to the matters now complained of.

Reading the entire record, we find the argument of the prosecutor responsive to the issues raised by defendant’s counsel and not prejudicial to appellant.

Judgment of the District Court is affirmed.