Carter v. State

Where the defendant has not made a statement in his own behalf, it is not proper for the court to give in charge section 1010 of the Penal Code. Unless the reference to the defendant’s right to make a statement occurs in such connection as to leave the jury to infer that his failure to make one is to he counted against him, the error *43stands upon a like footing to that which arises ordinarily when a court gives in charge some principle of law, abstractly correct but not pertinent to the facts in the ease. Whether such an error is reversible or not depends almost entirely upon the facts and…