CHILDERS v. STATE

No. 71-1048.

277 So.2d 594 (1973)

Charles Woodrow CHILDERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 6, 1973.


Attorney(s) appearing for the Case

Ray Sandstrom, of Sandstrom & Hodge, Fort Lauderdale, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Andrew I. Friedrich, Asst. Atty. Gen., West Palm Beach, for appellee.


OWEN, Judge.

Appellant was convicted of breaking and entering with intent to commit a felony, to-wit: grand larceny, and sentenced to a term of five years in the state prison. Because the prosecutor, during closing argument to the jury, directly or indirectly commented upon the failure of the defendant to testify, the judgment and sentence must be reversed and this cause remanded for a new trial.

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