State v. Reid

EXUM, Chief Justice.

Defendant was indicted on 13 June 1988 for felonious breaking or entering in violation of N.C.G.S. § 14-54 (1986). He was convicted on 29 March 1990 and sentenced by the trial court to ten years’ imprisonment. At trial defendant objected to a portion of the State’s closing argument concerning defendant’s failure to testify. The trial court overruled the objection and the Court of Appeals affirmed. We now reverse the Court of Appeals and grant defendant a new trial on the grounds that the State impermissibly commented on defendant’s failure to testify.

The State’s evidence…