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REDDING v. STATE

58056.

151 Ga. App. 140 (1979)

259 S.E.2d 146

REDDING v. THE STATE.

Court of Appeals of Georgia.

Decided September 4, 1979.

Attorney(s) appearing for the Case

H. Hutchinson, for appellant.

Lewis R. Slaton, District Attorney, Benjamin H. Oehlert, III, Assistant District Attorney, for appellee.

DEEN, Chief Judge.

1. Code § 38-415 provides that the failure of a defendant to testify shall create no presumption against him "and no comment shall be made because of such failure." Where the district attorney directly refers to silence as an indication of guilt, error has obviously been committed. Where an indirect reference to this fact is made a more marginal question is involved. In Spann v. State, 126 Ga.App. 370

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