Smith v. State

Citations

• 87 Miss. 627
• 40 So. 229

Syllabus

<p>Criminal Law. Failure of defendant to testify. Oomment of prosecuting attorney. Code 1892, § 1741.</p> <p>In a murder case, the defendant not having testified, and it appearing that the only persons present at the homicide were defendant and two others, both of whom testified for the state, the statement by the district attorney, in argument to the jury, that no one had denied defendant killed deceased, is a comment on defendant’s -failure to testify, contrary to Code 1892, § 1741, prohibiting such comment.</p>