TaiLexi AI U.S. Case Law

Waid v. State

Waid v. State, 58 So. 2d 146 (Fla. 1952)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of Florida · State Highest Courts
Decided
April 15, 1952
Judges
Thomas
Citations
58 So. 2d 1461952 Fla. LEXIS 1133
Cited by 11 2 descriptions by later courts

Opinion

58 So.2d 146 (1952)

WAID

v.

STATE.

Supreme Court of Florida, Special Division A.

April 15, 1952.

Martin & Martin, Plant City, for appellant.

Richard W. Ervin, Atty. Gen., and Leonard Pepper, Asst. Atty. Gen. for appellee.

THOMAS, Justice.

The appellant's sole contention here is based on remarks of the prosecuting officer in the presence of the jury about the failure of the appellant to testify in his own behalf.

In support of the point he invokes Sec. 918.09, Florida Statutes 1949, and F.S.A., providing that a prosecuting attorney shall not be permitted "to comment on the failure of the accused to testify * * *."

But appellant's position is insecure for the simple reason that his counsel, while addressing the jury, introduced the subject by remarking upon the lack of testimony by the appellant, and the reason for it. What followed was nothing more than a retort by the attorney for the state.

A defendant may not reap the benefits of failure to testify, such as the escape of cross-examination, and then claim the protection the statute affords, if he plays upon that very failure. When he brings to the attention of the jury the want of testimony by him and the reason for the course he chose, he invites a rebuttal from his adversary, and of that he cannot complain.

Affirmed.

SEBRING, C.J., and CHAPMAN and MATHEWS, JJ., concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

  • (“When [a defendant] brings to the attention of the jury the want of testimony by him and the reason for the course he chose, he invites a rebuttal from his adversary, and of that he cannot complain.”)
    Brookins v. State, 228 So. 3d 31 (Fla. 2017)

Cited by 11 cases

View all citing references →
1959: 21962: 11963: 11966: 21968: 11970: 11978: 11980: 12017: 119592026peak 1959 · 2

Relies on it most ⓘ

  1. Wilson v. State371 So. 2d 126 (Fla. Dist. Ct. App. 1978)
  2. State v. Sage162 N.W.2d 502 (Iowa 1968)
  3. Singleton v. State183 So. 2d 245 (Fla. Dist. Ct. App. 1966)
  4. Odom v. State109 So. 2d 163 (Fla. 1959)
  5. Adjmi v. State139 So. 2d 179 (Fla. Dist. Ct. App. 1962)
  6. State v. Bolton383 So. 2d 924 (Fla. Dist. Ct. App. 1980)

Most recent

  1. Elijah Brookins v. State of Florida228 So. 3d 31 (Fla. 2017)
  2. State v. Bolton383 So. 2d 924 (Fla. Dist. Ct. App. 1980)
  3. Wilson v. State371 So. 2d 126 (Fla. Dist. Ct. App. 1978)
  4. Hutchins v. State233 So. 2d 432 (Fla. Dist. Ct. App. 1970)
  5. State v. Sage162 N.W.2d 502 (Iowa 1968)
  6. Hines v. State186 So. 2d 820 (Fla. Dist. Ct. App. 1966)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list