State v. Ferguson

I

At issue in the first instance is whether the prosecutor’s comment in closing argument that the state’s evidence is “uncontradicted” is a comment on the accused’s failure to take the stand and consequently a violation of the accused’s right against self-incrimination.

During closing argument, the prosecutor made several remarks which appellee characterizes as impermissible references to his failure to testify. Specifically, the record reveals the remarks were as follows:

“Force, ladies and gentlemen. This was not a consensual affair. I believe the evidence is quite clear on that. We have…