Howard v. State

Nichols, Justice.

This is an appeal after a conviction of rape. A motion for new trial, as well as a motion for a judgment non obstante veredicto was filed in the trial court. The motion for new trial as amended was overruled by the trial court, and according to the amended notice of appeal the defendant expressly abandoned the motion for judgment non obstante veredicto in open court. Held: "

1. During the closing argument a motion for mistrial was made on the ground that the district attorney commented on the failure of the defendant to make a statement. The exact language is not shown by the…