In a motion for a new trial, how have the courts treated comments made by a prosecutor in a sexual assault case in which one of the accused pleaded not guilty?

Fortifying our belief that the remarks of the prosecutor were innocuous in this case is the fact that the trial judge carefully instructed the jury on the constitutional right of the appellants not to testify, thereby curing any possible prejudice.¹ Additionally, we note that counsel for appellants made no objection to the remarks until appellants filed a motion for a new trial after return of the guilty verdicts. On the record before us, we cannot say that the prosecutor's argument constituted plain error. Hayes v. United States, 407 F.2d 189 (5th Cir. 1969), cert. dismissed 395 U.S. 972, 89 S.Ct. 2133, 23 L.Ed.2d 777 (1969), and other cases cited by appellants, do not support their position.