152 So. 2d 200

Jack W. CLOUSER, Appellant, v. STATE of Florida, Appellee.

No. 3235.

District Court of Appeal of Florida. Second District.

April 24, 1963.

C. R. Lautenburg, Fern Park, for appellant.

Richard W. Ervin, Atty. Gen., Tallahassee ; Robert R. Crittenden, Asst. Atty. Gen., Lakeland, for appellee.

PER CURIAM.

Jack 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.

In 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.

Reversed.

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

Clouser v. State
152 So. 2d 200

Case Details

Name
Clouser v. State
Decision Date
Apr 24, 1963
Citations

152 So. 2d 200

Jurisdiction
Florida

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!