Wright v. State

On Motion for Rehearing.

The contention is made that the ruling in Gibbs v. State, 112 Ga. App. 272, supra, holding that an instruction to the jury in the same language as that here complained of is in conflict with the decision in Ash v. State, 109 Ga. App. 177 (135 SE2d 507). An examination of the instruction to the defendant in Ash v. State shows that he was instructed that he was not required to answer any questions on cross examination, while in the Gibbs case and in the case sub judice the instruction was that he could not be compelled to answer any question should he think proper to…