DUNN v. COM.

Record No. 802004.

284 S.E.2d 807 (1981)

Kenneth Odell DUNN v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

December 4, 1981.


Attorney(s) appearing for the Case

R. Lecky Stone, Jr., Charlottesville (Fred G. Wood, Jr., Fred G. Wood, Jr. & Associates, Charlottesville, on brief), for appellant.

Eric K. G. Fiske, Asst. Atty. Gen. (Marshall Coleman, Atty. Gen., on brief), for appellee.

Before CARRICO, C. J., and HARRISON, COCHRAN, POFF, COMPTON, THOMPSON and STEPHENSON, JJ.


HARRISON, Justice.

The question presented in this appeal is whether the trial court erred in failing to declare a mistrial when the prosecutor, during closing argument, commented on the defendant's failure to testify.

Charlottesville police suspected that Kenneth Odell Dunn was involved in several arsons committed in the City. During the investigation of a suspicious fire on the night of February 11, 1980, it was learned that Dunn was in the immediate area...

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