State v. Howell

In Griffin, the Supreme Court of the United States held that “comment” by the trial court and by the prosecutor “on the [defendant’s] failure to testify violated the self-incrimination clause of the Fifth Amendment which we made applicable to the states by the Fourteenth,” even though such comment was authorized by the provisions of the California Constitution.

*12In the instant case, the prosecutor’s brief states:

‘ ‘ The defendant did not testify at the trial. The prosecuting attorney, in closing argument, commented on the defendant’s failure to testify. The court referred to such fact in the…