Lambert v. State

Lambert was convicted of robbery, sentenced to three years in the state penitentiary, and he appeals.

He did not testify. The district attorney, in his closing argument to the jury, said: “Where is the testimony that he did not do it? . . . There’s no denial.” Counsel for Lambert immediately objected to this argument and moved the court for a mistrial, which the court overruled. Lambert contends that this was a comment by the district attorney upon his failure to testify in his own behalf and was a violation of Section 1691, Code 1942, which reads: “The accused shall be a competent witness for…