Welch v. State

MERRILL, Justice.

Title 15, Section 305, Code of 1940, is as follows :

“On the trial of all indictments, complaints, or other criminal proceedings, the person on trial shall, at his own request, but not otherwise, be a competent witness; and his failure to make such request shall not create any presumption against him, nor be the subject of comment by counsel.”

The sole question before us is whether the provisions of said section were violated by the occurrence stated in the opinion of the Court of Appeals. We quote: “The defendant did not testify in the case nor introduce any evidence otherwise.