Dunn v. State

GRIMES, Judge.

The state charged appellant with attempted first degree murder, and a jury convicted him of the lesser included offense of aggravated battery. On this appeal he contends that a certain statement made by the court constituted an improper comment upon his failure to testify. He also argues that the court erred in refusing to instruct the jury on aggravated assault.

In the course of asking a prospective jur- or whether he could make a decision on the question of intent, the prosecutor pointed out that intent exists inside a person’s head and that since a jury cannot “actually get…