WHITT v. STATE

77-769.

370 So.2d 736 (1979)

In re James Robert WHITT v. STATE of Alabama. Ex parte James Robert Whitt.

Supreme Court of Alabama.

Rehearing Denied April 6, 1979.


Attorney(s) appearing for the Case

James T. Baxter, III, of Berry, Ables, Tatum, Little & Baxter, Huntsville, for petitioner.

William J. Baxley, Atty. Gen., and Linda C. Breland, Asst. Atty. Gen., for the State, respondent.


BLOODWORTH, Justice.

Whitt was indicted for first degree murder arising out of a fatality in an automobile collision, was convicted of second degree murder, and was given a sentence of twenty-five years' imprisonment in the penitentiary. The Court of Criminal Appeals affirmed. We granted a petition for writ of certiorari to consider whether the district attorney's argument to the jury was an impermissible comment on defendant's failure to testify. We hold it was and...

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