Qualls v. State

The appellant was convicted of second degree murder and sentenced to ten years' imprisonment. Because of the District Attorney's highly improper comment in closing argument on the appellant's failure to testify and the failure of the trial judge to cure this violation by prompt and vigorous instructions to the jury this cause must be reversed.

I

The evidence revealed that on the morning of June 14, 1977, the appellant fired three shots from a .22 caliber pistol into Kenneth White after he had allegedly raped her and threatened her and her children. During the State's closing argument the…