Warren v. State

McCALL, Justice.

The defendant was convicted of illegally selling marijuana. Under a writ of certiorari, he seeks a reversal of an affirmation of that conviction by the Court of Criminal Appeals, 52 Ala.App. 35, 288 So.2d 817.

His first contention is that the trial court erroneously permitted the prosecuting attorney to make a comment in closing argument concerning his failure to testify in the case, in violation of Tit. 15, § 305, Code of Alabama, Recompiled 1958. The State’s attorney told the jury: “The only one that said he didn’t sell it [marijuana] was the little brother.” The court…