State v. Lynn

Appellant Lynn withdrew from the appeal in this court, and this opinion is, therefore, confined to the errors urged by the remaining appellants, who raise two fundamental questions. First, is the doctrine in Griffin v. California (1965), 14 L. Ed. 2d 106, applicable to cases pending on appeal at the time of its pronouncement?

*108The second question is whether comment by the prosecuting attorney in relation to the failure of one of several joint defendants to testify in a criminal tidal constitutes prejudicial error in relation to those defendants who did testify.

At the time of the trial in 1963,…