Turner v. State

BOULDIN, Justice.

Petitioner was convicted of an assault with intent to murder. On his trial, he did not elect to become a witness in his own behalf.

Defendant’s refused charge reads: “I charge you, the fact-that the defendant did not testify cannot be considered against him.”

The Court of Appeals, applying Supreme Court Rule 45, held its refusal error without injury.

This petition for certiorari is to review this holding.

Our Statute, Code § 5632, reads: “On the trial of all indictments, complaints, or other criminal proceedings, the person on trial shall, at his own request, but not otherwise,…