State v. Costa

Lite, Pbesidbnt:

Tbe defendant was tried and convicted in the criminal court of Marion county on an indictment charging him with the unlawful transportation of intoxicating liquors in violation of Section 31, Chapter 32-A, Code. No proof being offered by the defendant, the case was submitted to the jury on the evidence of- the 4 State.

Of numerous errors assigned for reversal, it is asserted that the trial court improperly permitted the assistant prosecuting attorney in violation of Section 19, Chapter 152, Code, to comment upon the failure of the defendant to testify in his own 'behalf. The…