Reddick v. State

Citations

• 72 Miss. 1008

Syllabus

<p>1. ARGUMENT. WaAVurre of accused to testify. Comment. Code 1892, g 1741.</p> <p>Under l 1741, code 1892, imperatively forbidding- comment on the failure of accused to testify, where the prosecuting- attorney, addressing the jury and referring to an alleg-ed admission, says, “and he has not denied it,” and, being- interrupted, says “it has not been denied,” this is ground for reversing a conviction, although the court immediately instructed the jury to disregard the remarks. Ycvrbroughv. State, 70 Miss., 593.</p> <p>2. Same. Character of comment. Intent of comisel immaterial.</p> <p>It does not affect the result that the prosecuting attorney, on motion for a new triai. testifies that he did not intend to comment on the failure of accused to testify hut only meant that the testimony as to the admission was undisputed. Having- used such language as could he reasonably construed as a comment. Ms intention is immaterial.</p> <p>3. Ckiminal Droomiutrh. Jividenee; order of. Fairness to accused.</p> <p>If, when the state rests in chief, manifestly no case has been made out against the accused, a motion to exclude the evidence and direct an acquittal should be sustained. If the motion is overruled it is improper, after the defense rests, to permit the state, under the guise of rebutting-, to introduce the testimony chiefly relied upon to secure a conviction.</p>