Whitt v. State

Whitt was indicted for first degree murder arising out of a fatality in an automobile collision, was convicted of second degree murder, and was given a sentence of twenty-five years' imprisonment in the penitentiary. The Court of Criminal Appeals affirmed. We granted a petition for writ of certiorari to consider whether the district attorney's argument to the jury was an impermissible comment on defendant's failure to testify. We hold it was and reverse and remand.

The following statement of the case is taken from the Court of Criminal Appeals' opinion:

"On October 9, 1976, at approximately…