State v. Lincoln

Defendant appealed from a judgment of conviction of the crime of burglary not in a dwelling. His sole assignment of error is the trial court’s denial of defendant’s motion for a mistrial because of comments by the deputy district attorney during argument.to the jury. Defendant did not take the stand as a witness and he contends that the remarks in question amounted to a comment on his failure to do so.

The defendant was charged with the burglary of a service station. He was apprehended at the scene of the alleged crime together with two other suspects. Several officers participated in the…