Elliott v. Commonwealth

The direct evidence, as well as the circumstantial, points unerringly to the guilt of the accused. In fact, a fair consideration of the evidence leads to the inescapable conclusion that the accused is guilty. Counsel for the accused offered no evidence. The only evidence that we have is that offered by the Commonwealth and it abundantly sustains the conviction.

The Commonwealth’s Attorney in his closing argument to the jury commented upon the failure of the accused to testify. He pointed to the accused and said, “the defendant has not denied what Enoch Dodson said.” What Enoch Dodson had said…