Smith v. State

Deen, Judge.

The accused was tried and convicted for the offense of burglary, and appeals from the denial of his motion for new trial. He made an unsworn statement to the jury and the trial court instructed the jury in part that "during the trial of this case the defendant made a statement in his own behalf, as he had a right under the law to do. Now this statement is not under oath, and it is not subject to cross examination without his consent.” Held:

1. Substantially identical language as the italicized portion of this charge was approved in Crowe v. State, 117 Ga. App. 598, 599 (161 SE2d…