Smith v. Lautenslager

This is an appeal on questions of law from the Court of Common Pleas, Juvenile Division, of Hamilton County.

A bastardy case was tried to a jury in that court. The defendant did not testify, either as if on cross-examination or in his own behalf.

In the course of his argument to the jury, counsel for the complainant said, “You have a right in your deliberation to take into consideration the fact that the defendant failed to take the stand.” There was then made a motion for a mistrial, which was overruled.

A request for a special charge to the jury to the effect that the complainant could have…