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McLENDON v. STATE

No. 23.

105 So.2d 513 (1958)

Raymond C. McLENDON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Second District.

October 3, 1958.

Attorney(s) appearing for the Case

L.J. Cushman, Miami, for appellant.

Richard W. Ervin, Atty. Gen., and John C. Reed, Asst. Atty. Gen., for appellee.

KANNER, Chief Judge.

The prime aspect of this appeal centers in the question of whether certain comments made by the prosecuting attorney in his final argument to the jury invaded the rights secured to the appellant under that portion of Section 918.09, Florida Statutes, F.S.A.:

"* * * but no accused person shall be compelled to give testimony against himself, nor shall any prosecuting attorney be permitted before the jury or court to comment on the failure...

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