Summers v. State

The paramount issue raised in this case is whether the trial judge by his intervention in the process of jury voir dire denied Henry Joseph Summers his right to a fair and impartial jury and in this way deprived him of his right to a fair trial. A corollary of this question is whether the judge erroneously refused to excuse members of the jury panel for cause. As additional grounds for reversal Summers asserts that the court erred in refusing to give an instruction on the right to arm oneself in defense of ones person; that he was denied his right to a fair trial by the conduct of the prosecution in injecting racial prejudice into the case; and that the prosecutor impermissibly commented upon his exercise of his constitutional right to remain silent. We are persuaded that none of the matters argued by Summers constitute error. The judgment and sentence imposed by the district court is affirmed.