Barnhill v. Florida Microsoft Anti-Trust Litigation

Appellant was convicted of burglary with a battery and aggravated battery with a knife. We conclude that appellants possession of the knife was insufficient to satisfy the requirement that he was using a deadly weapon while committing a battery. We further find that the prosecutors comment to appellant, on cross-examination of appellant, that they had never spoken before, was, on these specific facts, a comment on his silence which requires a new trial.