Atkinson v. State

Defendant-Appellant, Daniel C. Atkinson, was informed against for (1) burglary, (2) sexual battery, (3) battery, (4) witness tampering, and (5) burglary. He was tried by a jury and found not guilty as to counts 2 and 3 and guilty of battery (as to count 1) and trespass (as a lesser included offense of count 5). Count 4 was dismissed.

On appeal Atkinson urges as reversible error the denial of his motion for mistrial on the ground that the prosecutor improperly commented on his refusal to testify. This point arises out of the following remark made by the prosecutor during closing argument to the…