State v. White

The first issue is whether the prosecutor’s remarks in opening statement to the jury concerning defendant’s refusal to testify in his co-defendant’s trial were so prejudicial that a mistrial should have been declared. We hold that the remarks were that prejudicial and that the instruction given by the trial court in an attempt to cure the effect of the remarks was not sufficient to do so.

The second issue is whether defendant, who was here charged with aggravated murder, was entitled to a jury instruction that would have submitted to the jury whether defendant was guilty of manslaughter in the…