George v. State

OPINION

By the Court,

Mowbray, J.:

The principal issue presented is whether it is permissible for a prosecutor to comment on a defendant’s failure to call his wife as a material witness. We hold that it is not permissible and therefore we reverse and remand for a new trial.

THE FACTS

A jury found the appellant, Jack Lloyd George, guilty of the first degree murder of David Stanton. At trial, Robert Land testified that he, George, and George’s wife, went looking for Stanton because Stanton had failed to return money previously given to him to buy drugs. When the trio found Stanton they decided to…