Green v. State

BUSSEY, Judge,

concurring in part, dissenting in part.

I am in accord with the affirmance of the conviction but disagree that the closing argument requires modification. Much of the complained of argument was made in response to defense counsel’s argument and emphasis on the failure of the prosecutrix to make an outcry, or flee her attacker. I believe that this was within the scope of permissible closing argument and did not tend in any way to inflame the jury against the defendant. Moreover, much of the argument was made without objection and was accordingly not preserved for review on appeal.