KIMBLE v. STATE

6 Div. 450.

545 So.2d 228 (1989)

Michael KIMBLE v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied April 28, 1989.


Attorney(s) appearing for the Case

Harold E. Walden, Alabaster, for appellant.

Don Siegelman, Atty. Gen., and J. Thomas Leverette, Asst. Atty. Gen., for appellee.


McMILLAN, Judge.

The appellant, Michael Kimble, was convicted of murder, in violation of § 13A-6-2, Code of Alabama (1975), and was sentenced to life imprisonment pursuant to the Habitual Felony Offender Act.

The appellant argues that, during the prosecutor's closing argument, he made an impermissible comment on the appellant's failure to testify. The following transpired during the prosecutor's closing argument:

"(Whereupon, [the prosecutor...

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