Redding v. State

Deen, Chief Judge.

1. Code § 38-415 provides that the failure of a defendant to testify shall create no presumption against him "and no comment shall be made because of such failure.” Where the district attorney directly refers to silence as an indication of guilt, error has obviously been committed. Where an indirect reference to this fact is made a more marginal question is involved. In Spann v. State, 126 Ga. App. 370, 375 (190 SE2d 924) (1972) the words "... we have a man here that has no excuse” were held to be such a comment and to constitute reversible error. In Mitchell v. State, 226…