Waid v. State

58 So.2d 146 (1952)

WAID

v.

STATE.

Supreme Court of Florida, Special Division A.

April 15, 1952.

Martin & Martin, Plant City, for appellant.

Richard W. Ervin, Atty. Gen., and Leonard Pepper, Asst. Atty. Gen. for appellee.

THOMAS, Justice.

The appellant's sole contention here is based on remarks of the prosecuting officer in the presence of the jury about the failure of the appellant to testify in his own behalf.

In support of the point he invokes Sec. 918.09, Florida Statutes 1949, and F.S.A., providing that a prosecuting attorney shall not be permitted "to comment on the failure of the accused to…