People v. Wilkes

Defendants appeal from judgments of conviction of burglary of the second degree, pursuant to jury verdicts, and from an order denying their motion for new trial. We have concluded that defendants were deprived of their right to have the evidence fairly appraised by the jury because of improper comment of the prosecuting attorney, the effect of which was made more serious by comment of the trial judge, as to the failure of the wife of defendant Wilkes to testify.

The evidence of guilt, which is circumstantial, is as follows: At about 3 :30 a. m. on January 31, 1954, the night bartender at the…