State v. Ware

466 A.2d 29, 1983 Me. LEXIS 809

• Court: Supreme Judicial Court of Maine
• Decided: October 12, 1983
• Status: Published

Opinion

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.