Smith v. Decker

OPINION OF THE COURT

WILLIAM M. TAYLOR, Jr., District Judge.

Petitioners were charged by information with the offense of misdemeanor theft in Dallas County, Texas. Upon conviction, each was assessed a punishment of 30 days in jail and a fine of $100.00. They bring this habeas corpus action alleging that their constitutional right to be tried without comment by the prosecutor on their failure to testify, Griffin v. State of California, 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106, reh. den., 381 U.S. 957, 85 S.Ct. 1797, 14 L.Ed.2d 730 (1965), was violated in the trial court.

During his closing…