Johnson v. State

(dissenting). — The State moves for rehearing, asserting that the argument of the State’s attorney, complained of in bill of exceptions No. 5, on which alone this case was reversed, — was not in any sense such as would make of the statement a necessary reference to the failure of the appellant to testify, and hence that the reversal was erroneous.

The accused was not mentioned or directly referred to in the argument, which we here set out at greater length than appears in our original opinion. The State’s attorney said:

“I ask you to remember how counsel for the defendant tried to make the…