The PEOPLE v. Burton

This case is before us on a writ of error issued in May of 1964 to the circuit court of Cook County. A jury found the defendant, James Burton, guilty of the murder of Clemens Tappe, and he was sentenced to imprisonment for not less than 20 nor more than 30 years. He urges several grounds for reversal of his conviction, but we find it necessary to consider only two contentions: first, that the prosecuting attorney’s comment on the defendant’s failure to testify violated his privilege against self-incrimination; and second, that because of negligence on the part of the defendant’s first…