State v. Cox

OxnER, Justice.

We are in full accord with the opinion of the Chief Justice except that portion relating to the fourth question. It is our view that this question should also be decided adversely to appellant and the judgment of the Court below affirmed.

The record does not disclose the remarks of appellant’s counsel to which the Solicitor objected. It may be fairly inferred, however, that he was seeking to give an explanation *3of the failure of the defense to offer any evidence. If so, it was appellant’s counsel who first called the jury’s attention to the fact that no testimony had been…