State v. Smith
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After a jury trial, Defendant was convicted of aggravated burglary and felony murder. Defendant appealed, arguing (1) the district judge erred in admitting evidence of other crimes and in giving a cautionary accomplice witness instruction over a defense objection, (2) the prosecution engaged in misconduct requiring reversal, (3) the cumulative effect of these errors required reversal, and (4) his convictions and sentences were multiplicitous. The Supreme Court affirmed Defendant's convictions and sentences, holding (1) the district court did not err in admitting the disputed evidence and in instructing the jury; (2) the prosecutor's repeated references to the "truth" during closing argument did constitute misconduct, but the error was harmless; (3) and Defendant's multiplicity argument was without merit.
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