State v. Minamyer

In this case, the appellant had filed charges against two persons for allegedly stealing his automobile. Those persons, when apprehended, confessed to having committed acts of sodomy with the appellant on the night the alleged car theft *68occurred. All three were accused of sodomy, but the sodomy charges against the alleged car thieves were never pressed.

The basic and dispositive question raised by this appeal is whether the prosecuting attorney during the trial of an accused may testify or comment upon the fact that an accused refused to testify before the grand jury in relation to charges…