Garvin v. State

Appellant was indicted in the Ripley Circuit Court for the crime of accessory after the fact of commission of robbery while armed with a deadly weapon, in violation of Acts 1941, ch. 148, § 6, Burns Ind. Stat. Ann. § 10-4101, and Acts 1905, ch. 124, § 1, Burns Ind. Stat. Ann. § 9-108. Appellant was convicted in a trial by jury and sentenced to ten (10) years in prison.

Appellant’s sole contention on appeal is that the trial court erred in giving on its own motion Instruction No. F-22, which reads as follows:

“The law does not compel the defendant to testify as a witness in his own behalf, but…