Legal Opinion · Dissent

Adams v. State

Supreme Court of Arkansas

Decided May 22, 1978No. CR77-226Published

1DissentCarleton Harris, Chief Justice

I cannot agree that this case should be reversed because of the prosecuting attorney’s comment to the jury, which the majority state called attention to the fact that appellant Adams did not testify.

Before discussing the remark made by the prosecutor, there is, off-hand, a reason why this case should not be reversed, whatever the prosecutor’s remark. I refer to the fact that the defendant’s counsel requested the court to tell the jury that the defendant was not required to testify, and the court complied with the request, explaining that a defendant may testify if he likes, but is not…

2Cases cited16 opinions

  1. Miller v. StateSupreme Court of Arkansas · 1965
  2. Davidson v. StateSupreme Court of Arkansas · 1913
  3. Russell v. StateSupreme Court of Arkansas · 1966
  4. Moore v. StateSupreme Court of Arkansas · 1968
  5. Sims v. StateSupreme Court of Arkansas · 1975

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