People v. Odom

This case is before us for the second time by reason of the decision of the United States Supreme Court in Griffin v.California, 380 U.S. 609 [85 S.Ct. 1229, 14 L.Ed.2d 106], holding invalid, under the Fifth and Fourteenth Amendments to the United States Constitution, article I, section 13, of the state Constitution, which permitted comment on an accused's failure to testify on his own behalf.

The principal issues are whether defendants were entitled to separate counsel at their trial and whether comment by the prosecution on Odom's failure to testify was sufficiently prejudicial to require…