State v. Nelson

This case brings to the court’s attention for determination the question of under what circumstances the trial court shall charge on the right of a defendant to remain silent.1 Appellant argues that the case of State v. Wade (1972), 31 Ohio App. 2d 33, stands for the proposition that, upon request, the trial court must charge that it is not an evidence of guilt when the defendant maintains his silence. The following language from State v. Wade, supra, at page 34, is pertinent:

“There can be no doubt at this stage of our constitutional development that it is contrary to law for a trial judge to…