On the original submission of the consolidated appeals, we reversed the convictions for killing a deer in closed season and ordered an acquittal (Chief Justice Nye concurring with written opinion). We affirmed the trial courts conviction of discharging a firearm on or across a public road. In doing so, we overruled appellants first ground of error in which he contended that the trial court erred in refusing to instruct the jury that his failure to testify could not be considered as raising an inference of guilt. On Motion for Rehearing, appellant again asserts error in the trial courts refusal to instruct the jury concerning the appellants failure to testify. We now sustain the appellants first ground of error and reverse appellants conviction for discharging a firearm and remand this case to the trial court.
