Studyvent v. State

Quillian, Presiding Judge.

Wayne Studyvent appeals his conviction of possession of phencyclidine with intent to distribute. Held:

The defendant was tried in the Superior Court of Floyd County on July 9, 1979. During closing argument the assistant district attorney commented upon the failure of the defendant to testify, and the trial court — at the request of the defendant, granted a mistrial. The case was again called for trial on the following day and the defendant moved to dismiss on the ground of former jeopardy on the basis of "prosecutorial misconduct.” He argued that the comment of the…