Mathis v. State

OWEN, Judge.

Appellant was convicted of robbery and sentenced to life imprisonment. Because the prosecutor, during closing argument to the jury, directly or indirectly commented upon the failure of the defendant to testify, the judgment and sentence must be reversed and this cause remanded for a new trial.

After appellant was arrested and charged with the crime, he was properly warned of his constitutional rights and knowingly and voluntarily signed a written waiver thereof. Some 14 hours later, while still in custody, he voluntarily submitted to interrogation in the course of which he made…