Wynn v. State

Jordan, Justice.

The facts as stated in Division 1 of the majority opinion of the Court of Appeals in this case, Wynn v. State, 127 Ga. App. 463 (194 SE2d 124), disclose that the trial judge, already aware that the defendant had elected to make an unsworn statement, insisted on advising him in the presence of the jury concerning his right to be sworn as a witness and to make an unsworn statement.

The statutory standard provides that "[t]he failure of a defendant to testify shall create no presumption against him, and no comment shall be made because of such failure.” Code § 38-415 as amended…