Cole v. State
Mississippi Supreme Court
FROM the circuit court of Lowndes county. Hon. Newnan Cayge, Judge. The appellant was indicted and tried for arson. On the trial the defendant, as a witness in his own behalf, swore to. an alibi, but did not introduce his wife as a witness.
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FROM the circuit court of Lowndes county. Hon. Newnan Cayge, Judge. The appellant was indicted and tried for arson. On the trial the defendant, as a witness in his own behalf, swore to. an alibi, but did not introduce his wife as a witness. The district attorney, both in his opening and concluding argument to the jury, commented upon the failure of the wife to testify in her husband’s behalf, to prove the alibi, and drew inferences unfavorable to the accused from the failure, and defendant was convicted of an attempt to commit arson, and appealed. There can be no doubt that it is error for…
1Opinion of the CourtWhitfield, J.
Pretermitting an expression of opinion on any other error assigned, save the one that the district attorney commented on the failure of the defendant to introduce his wife as a witness in his own behalf, and drew inferences therefrom, we are constrained to hold, on the inconclusive character of the testimony in this case, as against Cole, that this was fatal error. There is an obvious distinction between mere general argument on the part of the district attorney outside the record, and drawing inferences unfavorable to a defendant, based upon his failing to do that which the law, on the…
2Cited by5 opinions
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