Felder v. State

Paul Felder was convicted of rape in the second degree and was sentenced to 20 years' imprisonment. On this appeal from that conviction he contends that the trial court erred in refusing to instruct the jury on his right against self-incrimination.

The appellant's requested charge no. 22 stated:

"I charge you that Paul Felder has the right not to testify in this case. I charge you that you shall not make any inference from the fact that Mr. Felder has not testified in this case."

At a "charge conference" held prior to closing arguments in the case, the following occurred:

"THE COURT: . . . And 22…