State v. Nuckolls

Neely, Chief Justice:

Lucille S. Nuckolls appeals from her conviction for the murder of her husband, Robert E. Nuckolls, and her sentence to life imprisonment without mercy in the Circuit Court of Mercer County. The appellant assigns numerous errors; 1 however, our disposition of the two primary-assignments make it unnecessary to address the others. We award appellant a new trial primarily because the prosecutor made statements that amounted to a comment on her failure to testify. However, we have also found confusion about the propriety of an instruction offered by the defense which would…