People v. Haldeen

Plaintiff appeals from an order granting a new trial to defendant Haldeen following his conviction by a jury. Haldeen and a codefendant, Donaldson, jointly were prosecuted and tried for possession of marijuana found in an automobile owned and operated by Haldeen, in which Donaldson was a passenger. Donaldson testified; disclaimed any knowledge of the marijuana; stated his acquaintance with Haldeen was only casual; and denied possession. Haldeen did not testify. Counsel for Donaldson, in his final argument before the jury, commented on the failure of Haldeen to testify and insinuated this fact…