Thomas v. State

Hill, Justice.

The Court of Appeals (in Case No. 50142) certified the following question:

"1. Defendant was tried and convicted for a criminal offense. He made no statement and gave no testimony. The trial judge commented on his failure to testify in his charge to the jury. At the conclusion of the charge, counsel for the state and defendant were asked by the court if they had any 'exceptions’ to the charge; counsel for the state and defendant stated that each had no exceptions.

"2. Code Ann. § 38-415 prohibits any comment on the failure of a defendant to testify in a criminal case; and McCann…