Givens v. State

Cooper, Judge.

Appellant was arrested an charged with driving under the influence of alcohol. The arresting officer testified at trial that the appellant had refused at the time of arrest to submit to a chemical test used to determine the alcohol content of his blood. In her closing argument, the prosecutor commented on appellant’s refusal to take the chemical test and asked the jury: “What did the defendant have to hide that night? Why wouldn’t he take the test? I’ll leave that for you to determine.” Counsel for appellant objected to the prosecutor’s question and moved for a mistrial on the…