Atkinson, J.
This case, upon its facts, is controlled by the decision of this court in Minor v. State, 120 Ga. 490; and a new trial is ordered solely because of the improper argument of counsel for the State touching the failure of the accused to avail himself of his privilege of making a statement to the jury in his own behalf.
Judgment reversed.
All the Justices concur.
Payton & Hay, for plaintiff in error.
J. H, Tipton, solicitor, contra.