Simmons v. State

Defendant was convicted of rape and sentenced to life imprisonment. From the judgment and sentence of the court he brings writ of error.

The following occurred during the cross-examination of the defendant by the State Attorney:

“Q. Did you testify at the preliminary hearing?

“A. No, sir.

“Q. Did you testify at the habeas corpus?

“A. No, sir.”

Some time later after several other witnesses had testified defense counsel moved the court, to declare a mistrial upon the ground that the State Attorney by asking the above questions had commented on the failure of the defendant to testify at the…