Montoya v. People

Opinion by

Mr. Justice Lee.

Plaintiff in error, Patrick Joseph Montoya, was convicted by a jury of the crime of larceny of a motor vehicle. By this writ of error he seeks reversal of the judgment.

Montoya contends the court erred in several particulars; however, in view of our disposition of the case, it is necessary only to consider the contention that the district attorney in his closing argument erroneously and prejudicially referred to and commented upon Montoya’s failure to testify. Our study of the record convinces us that the verdict of guilty and judgment of conviction must be set aside…