# Beecher v. State

> Supreme Court of Alabama · July 10, 1975 · 294 Ala. 674

URL: https://www.frixlaw.com/law-library/cases/9688509

## Case

- **Full name:** In Re Johnny Daniel BEECHER v. STATE of Alabama. Ex Parte Johnny Daniel Beecher
- **Court:** Supreme Court of Alabama
- **Decided:** July 10, 1975
- **Citations:** 294 Ala. 674; 320 So. 2d 727; 1975 Ala. LEXIS 1269
- **Precedential status:** Published
- **Opinion:** Concurrence by Maddox
- **Judges:** Shores, Cates, Heflin, Maddox, Jones, Merrill, Bloodworth, Faulkner
- **Cited by:** 94 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9688509

## Opinion text

MADDOX, Justice
(concurring specially.)
I think that the prosecutor’s statement in this case was a direct comment on the defendant’s failure to testify. Consequently, I think this case must be reversed. I disagree, however, with that portion of the opinion which reads as follows:
“Thus we hold today that where there is the possibility that a prosecutor’s comment could be understood by the jury as reference to failure of defendant to testify, § 6 is violated. We specifically disapprove any contrary cases which construe Code of Ala., Tit. 15 § 305, as requiring reversal only when there is virtually a direct identification of the defendant as the one who did not testify. Such a construction of Code of Ala., Tit. 15, § 305, is not countenanced by the constitutional protections afforded under Const, of 1901, § 6.”
I concur in part two of the opinion which holds that there was no showing of systematic exclusion of blacks from the Lawrence County jury venire.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9688509. Public record. Not legal advice.