Bridges v. State

I respectfully dissent.

The law in Florida specifically prohibits a prosecuting attorney from commenting on the failure of a defendant in a criminal case, to testify in his own behalf. F.S. § 918.09 F.S.A.; Sing v. State, Fla.App.1959, 115 So.2d 771; Burse v. State, Fla.App.1965, 175 So.2d 586; Singleton v. State, Fla.App.1966, 183 So.2d 245.

Here, the attention of the jury was specifically directed, although inadvertently, by the trial judge and not the prosecuting attorney to the failure of the defendant to testify. Generally, the law requires the judge in the trial of a case to be more…