MARLOW v. STATE

57851.

152 Ga. App. 218 (1979)

262 S.E.2d 460

MARLOW v. THE STATE.

Court of Appeals of Georgia.

Decided October 12, 1979.

Rehearing Denied November 8, 1979.


Attorney(s) appearing for the Case

Colquitt P. Brackett, Jr., for appellant.

Ken Stula, Solicitor, for appellee.


BANKE, Judge.

The defendant was convicted of driving under the influence, reckless driving, and driving without a license. The state presented ample evidence to support the jury's guilty verdicts.

The defendant chose not to testify in his own behalf. In a motion hearing, which was transcribed, defendant moved for a mistrial contending the solicitor made the following impermissible comment on the defendant's failure to testify: "You can get up there, and say...

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