Hicks v. State

The majority reverses this conviction on the ground that the prosecutor commented on the failure of the appellant to testify. To reach that conclusion, the majority has elevated an unsworn statement of counsel to the heights of evidence. Heretofore objections and allegations of counsel have not been self-proving.

The majority has in effect unseated the trial judge.

During closing argument, the assistant district attorney was discussing and summarizing the testimony of the various witnesses and other evidence introduced during the course of the trial. The appellant, as a defense to the charge,…