Munn v. State

Frank Holt, Justice.

This case arose from a head on collision in which two people were killed. A jury convicted appellant on two counts of involuntary manslaughter, Ark. Stat. Ann. § 41-2209 (Repl. 1964), and assessed his punishment at two years on each count in the State Department of Correction. Appellant first asserts for reversal of the judgment that the deputy clerk and the court improperly commented upon appellant’s right to remain silent. We must agree as to the comment by the court.

After the jurors were selected and sworn, the following discussion occurred:

THE COURT: All of the…