Brown v. State

SULLIVAN, Judge.

Defendant-Appellant Yesse Lee Brown {hereinafter referred to as "Brown") appeals his jury trial conviction of Involuntary Manslaughter, I.C. 85-42-1-4 (West Ann.Code 1978). Brown was sentenced to five years.

In view of our disposition, the sole issue addressed is whether the trial court committed reversible error by refusing the following jury instruction requested by Brown:

"During the trial of this cause the Defendant has not testified. You are not to speculate upon the Defendant's reasons for not testifying, nor in any manner utilize this fact in reaching your verdict."

The…