¶1dissenting. I dissent from the ruling of the majority in Division 4. It is my opinion that the questions of the district attorney, “Has he told you why he wasn’t home? . . . Has he told you why he went to an address at 111 Millen Street? . . . Why hasn’t he told you?” (emphasis supplied) amounted to comments on the defendant’s failure to take the stand and testify or make an unsworn statement, which comments are prohibited. The only way the defendant, during the trial of his case, could have told the jury why he was not at home would have been by taking the stand and testifying or making an unsworn statement.
226 Ga. 450
175 S.E.2d 545
Mitchell v. State
Decided May 28, 1970
Supreme Court of Georgia · decided 1970-05-28
Good law ✅— No negative treatment on recordhow we know
Decided 1970-05-28
How this case has been cited
Cited by 39 later decisions — most recently April 1993 · most notably Gregg v. State (1974), Leutner v. State (1975)
37 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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