where Yarber utilizes the virtual identification doctrine while Beecher had earlier disapproved of such in favor of a standard based upon “the possibility that a prosecutor’s comment could be understood by the jury as referenced to failure of defendant to testify .... ”
How later courts described this case
- where Yarber utilizes the virtual identification doctrine while Beecher had earlier disapproved of such in favor of a standard based upon “the possibility that a prosecutor’s comment could be understood by the jury as referenced to failure of defendant to testify .... ”
Written by the judges who cited it.
The opinion
JONES, Justice
(concurring specially).
I concur with the majority opinion reversing and remanding this cause. I further agree with the rationale for its holding. I disagree with that portion of the opinion dealing with the “prompt and vigorous instructions to the jury informing them of defendant’s right not to be compelled to testify . . . ” I believe that the constitutional guarantee of the right against self incrimination is of such quality that its violation is incurable by any attempt on the part of the trial court to disabuse the minds of the jury with respect thereto. This is a bell once' rung which cannot be unrung. In all other respects, I agree with the opinion.
HEFLIN, C. J., concurs.