SMITH v. STATE


90 So.2d 304 (1956)

Meriwether L. SMITH, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida. Special Division B.

November 2, 1956.


Attorney(s) appearing for the Case

Clayton & Clayton, De Land, for appellant.

Richard W. Ervin, Atty. Gen., and Jos. P. Manners, Asst. Atty. Gen., for appellee.


TERRELL, Justice.

Appellant was indicted, tried and convicted for murder in the first degree with recommendation to mercy. He was sentenced to state penitentiary at hard labor for the term of his natural life and now seeks relief from that judgment by appeal.

It is contended (1) that the trial court committed error in allowing the state attorney in his closing argument to the jury to comment on the fact that defendant failed to take the stand and testify in...

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