dissenting. 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.
I am authorized to state that Mr. Justice Grice and Mr. Justice Felton join me in this dissent.