Salvadori v. State

CARR, Judge.

Appellant was convicted in the court below of burglary. He did not elect to testify in his own behalf. The trial judge refused to him this written charge:

“The Court charges the Jury that the fact that the defendant did not testify in this case cannot be considered in determining defendant’s guilt or innocence.”

In the oral charge no reference whatever is made to the fact that the accused did not testify, nor is there any explanation given of the effect thereof. In other words, the oral charge is in complete silence on the matter.

So far as we are able to find, this question in exact…