People v. Fontaine

On this appeal, by our reversal in 1965 of the order granting defendant’s motion for a new trial, we affirmed defendant’s conviction for two counts of selling and furnishing marijuana in violation of Health and Safety Code section 11531. (237 Cal.App.2d 320 [46 Cal.Rptr. 855].)

In our decision we found no error excepting that which occurred when the district attorney commented in his argument on defendant’s failure to testify and the trial court instructed the jury regarding the legal effect of such failure to testify. We held that such error violated the privilege against self-incrimination…