Parks v. State

Hawkins, Justice.

1. In the trial of a criminal case in which the accused fails to make an unsworn statement, it is improper and calculated to injure the accused for the State’s counsel to argue this fact to the jury, and, unless rendered harmless by appropriate action and instruction by the trial court, is ground for a mistrial where motion is properly made therefor. Minor v. State, 120 Ga. 490 (48 S. E. 198); Caesar v. State, 125 Ga. 6 (53 S. E. 815); Barker v. State, 127 Ga. 276 (56 S. E. 419). However, the effect of such impropriety may be obviated by a proper charge from the court.…