Minor v. State

1. In the trial of a criminal case in which the accused fails to make a statement, it is improper and calculated to injure the accused for the State’s counsel to say to the jury in his argument: “ There sits the man accused of this dreadful crime, and don’t even come on the stand to deny it, though his constitutional right allows him to make his statement and deny his guilt.” Bird v. State, 50 Ga. 585; Robinson v. State, 82 Ga. 535; O'Dell v. State, 120 Ga. 152. Counsel for the accused having objected to the remark and moved for a mistrial, it was error to refuse the motion, unless the court,…