State v. Peters

Defendant appeals a conviction after a jury trial of simple assault upon his estranged wife, 13 V.S.A. § 1023. We affirm.

The first issue on appeal concerns an instruction given by the trial court to the jury which had not been requested by defendant, relating to defendant’s testimony. It stated as follows:

The defendant in this case has chosen to testify. He has no duty to do so and he could not have been required to do so. That is, he has a right to choose not to testify. However, he has chosen to do so. His testimony should be judged by you under the rules that I have already given you as to…