State v. Simmons

Gregory, Justice:

Appellant, Paul Simmons, was convicted of murder in connection with a death arising while he was operating a motor vehicle, and received a life sentence. In a prior appeal from a denial of an application for post conviction relief, the judgment was affirmed. Simmons v. State, 264 S. C. 417, 215 S. E. (2d) 883 (1975). He was subsequently-granted a direct appeal which is now before the Court posing the following questions:(1) Whether it was prejudicial error for the trial judge to permit the solicitor to comment in argument about the failure of appellant to call his wife as a…