State v. Polk

Defendant was convicted by jury verdict of grand larceny. On appeal he contends that the trial court erred (1) in denying his motion for mistrial which was based upon the grounds that the prosecutor in closing argument had indirectly and directly commented upon defendant’s failure to take the witness stand during trial and (2) in instructing the jury that the testimony of an accomplice should he viewed with distrust, without further instructing that a witness could not be considered an accomplice where he had been acquitted on the same charges as those pending against defendant.

On March 14,…