Fogler v. State

Upon an indictment charging murder in the first degree, plaintiff in error was convicted of manslaughter.

Four assignments of error are relied on for reversal. The first is based upon the giving of the following charge by the trial court of its own motion and in the absence of a request from the defendant:

“Under the laws of this state, a defendant has the right to take the stand and testify in his own behalf, and such testimony goes before you the same as the testimony of any other witness in the case to be weighed and considered according to the same rule, but the fact that he does not…