Gooch v. State

MORRISON, Presiding Judge.

The offense is felony theft; the punishment, 4 years.

We are confronted in this case with the rather unpleasant task of deciding between two sets of bystanders’ bills which raise the question of whether or not the district attorney commented on appellant’s failure to testify.

In the court’s bill, he sets forth the argument as he remembers it and then concludes with this sentence, “At no other time was there any reference by any attorney during the course of argument to the failure of the defendant, Ann Gooch, to testify in the trial of this cause.” This bill is…