State v. Mitchell

The opinion of the court was delivered by

Dunbar, J.

The appellant was convicted of the crime of robbery, and was sentenced to a term of twenty years *65in the penitentiary. The first assignment is that the court erred in failing to charge the jury that no inference of guilt shall arise against the accused hy reason of his failure or refusal to testify as a witness in his own behalf. If this assignment were true in fact, it would constitute reversible error under the decisions of this court in Linbeck v. State, 1 Wash. 336 (25 Pac. 452) ; State v. Myers, 8 Wash. 177 (35 Pac. 580). But on that…