Carter v. State, FF-147
| Decision Date | 15 March 1978 |
| Docket Number | No. FF-147,FF-147 |
| Citation | 356 So.2d 67 |
| Parties | Nathaniel CARTER, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Robert H. Wilson, III and James D. Swearingen of Harrell, Wiltshire, Stone & Swearingen, Pensacola, for appellant.
Robert L. Shevin, Atty. Gen. and Charles W. Musgrove, Asst. Atty. Gen., for appellee.
This cause is before us on appeal from the judgment of the Circuit Court, Escambia County, entered on a jury verdict, finding the Defendant guilty of robbery. The conviction must be reversed and the cause remanded for a new trial due to the conduct of the prosecuting attorney in the course of his closing argument to the jury.
The prosecuting attorney in closing argument told the jury that Defendant's attorney was trying to "distort the evidence" and then stated:
(At this point the jury was excused for conference on Defendant's motion for a mistrial, and the following occurred.)
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