State v. Stephens

The principal error assigned arises out of statements made by the prosecutor in his final argument to the jury, which statements made direct reference to defendant’s silence at the time of his arrest. This was done for the apparent purpose of implying defendant’s guilty knowledge that the prescription was forged. Such statements appear in the bill of exceptions, as follows:

“Mr. Mayar [prosecutor]: * # * Why did he not tell the police at the shopping center, ‘Hey—’

“Mr. Willis [defense counsel]: Objection to that type of argument, your Honor.

“The Court: Overruled.

“Mr. Mayar: ‘Hey, look, this…