¶1 An examination of the record shows that the prosecutor, in his argument to the jury, said: ‘1 This man never took the stand to tell you that.”
¶2 This is a violation of the rule of Griffin v. California, 380 U. S. 609.
¶3 Defendant made a motion to declare a mistrial, which was overruled; and, in the opinion of this court, this was error.
¶4 The judgment is, therefore, reversed, and the cause is remanded for further proceedings in accordance with this opinion.
¶5 Judgment reversed.