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152 So. 2d 200

Clouser v. State

District Court of Appeal of Florida · decided 1963-04-24

Cited by 1 later decisions — most recently February 1966

1 state decisions

Relies on 151 So. 2d 881 - Harper v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1963-04-24

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PER CURIAM.

¶1Jack 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.

¶2In 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.

¶3Reversed.

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