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466 A.2d 29

State v. Ware

Supreme Judicial Court of Maine

Decided October 12, 1983

Supreme Judicial Court of Maine · decided 1983-10-12

Decided 1983-10-12

¶1MEMORANDUM OF DECISION.

¶2Lance 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.

¶3The entry is

¶4Appeal denied.

¶5Judgment affirmed.

¶6All concurring.

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