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State v. Musayev3/4/2002
isstated the law by unilaterally presenting the theory of accomplice liability to the jury, and that the record supported the conclusion that the improper statement misled the jury. Id. at 763-64. In contrast, the prosecutor's statement in this case merely omitted part of the legal standard, rather than introducing an entirely separate and inapplicable legal theory to the case, and in addition, the prosecutor pointed to evidence that, in and of itself, was strongly indicative of a criminal purpose and more than mere preparation. Moreover, the prosecutor expressly referred the jury to the instructions, which correctly stated the law. Most importantly, defense counsel in Davenport gave the trial court an opportunity to correct the error, whereas defense counsel for Musayev remained silent.
In sum, we find no reversible error and affirm Musayev's conviction.
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