Ferguson v. State

THOMAS, J.:

In his first question the appellant challenges the propriety of the trial judge’s denial of a motion for mistrial based on a remark supposed to have been made by the county solicitor in the course of his argument to the jury drawing attention to the failure of the defendant to testify. We would not hesitate to invoke the statutory inhibition set out in Section 918.09, Florida Statutes, 1941, and F.S.A., and reverse the judgment if the record in this case disclosed comment by the prosecuting officer upon the defendant’s silence. Such an incident in the trial of the present case…