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Lowe v. State

The prosecutor's comment in closing that the jury had only one set of facts was not improper, since the state may comment on the lack of rebuttal testimony.

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Gerald Lowe was convicted of one count of hijacking a motor vehicle, two counts of kidnapping, two counts of aggravated assault, and one count of possession of a handgun during the commission of a felony.1 He enumerates three errors on appeal: 1 the verdict is contrary to law and evidence, 2 the trial court admitted improper testimony concerning a prior alleged offense, and 3 the trial court failed to grant a mistrial after the prosecutor commented upon his failure to testify. We affirm.

1. Lowe complains that the jury could not have reached a fair and impartial verdict. As in Brown v. State,2 Lowe admits in his brief that “the evidence may have been sufficient to establish his guilt,” and points to his other enumerations of error as the cause of a verdict contrary to justice and equity. As discussed below, we find those enumerations to be without merit.

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