Marlow v. State

Banke, Judge.

The defendant was convicted of driving under the influence, reckless driving, and driving without a license. The state presented ample evidence to support the jury’s guilty verdicts.

The defendant chose not to testify in his own behalf. In a motion hearing, which was transcribed, defendant moved for a mistrial contending the solicitor made the following impermissible comment on the defendant’s failure to testify: "You can get up there, and say that I wasn’t drinking, or that I didn’t have enough, or I wasn’t drunk, but that can’t be said here today.” The quoted language was…