Lynch v. State

Frankum, Judge.

1. The defendant having made an unsworn statement to the court and jury in his defense, the court erred in charging the jury to the effect that the defendant had the right to testify under oath as any other witness and to be examined and cross examined as any other witness, and in connection with such charge stating to the jury, “Now, the defendant in this case elected to make an unsworn statement.” Code § 38-415, as amended by Ga. L. 1962, pp. 133, 134, provides in part: “The failure of a defendant to testify shall create no presumption against him, and no comment shall be…