Smith v. State

Shulman, Presiding Judge.

Appellant was convicted of burglary and, in his sole enumerated error, claims that the trial court erroneously permitted the assistant district attorney to comment in his closing argument on appellant’s failure to testify.

At trial, appellant presented no evidence other than an almanac. During his closing argument, the prosecuting attorney stated: “The evidence is uncontradicted and unrefuted that he had the stolen t.v. set. Has there been any evidence to the contrary? No . . . There’s been no evidence of that. The evidence was uncontradicted and unre futed . . . she…