The PEOPLE v. Kostos

The defendant, Andy Kostos, was tried by jury in the criminal court of Cook County and convicted of the crime of burglary. He has brought the record here for review on a writ of error.

Defendant does not contend that the evidence was insufficient to establish his guilt and it is, therefore, unnecessary to set forth the evidence in this opinion. His first contention is that the prosecuting attorney in his final argument improperly alluded to the fact that defendant did not testify. It is provided by statute that the neglect of a defendant to testify shall create no presumption against him and…