State v. Dillon

*697FOLEY, J.

Defendant was convicted of assault in the first degree, ORS 163.185, by jury and sentenced to 10 years’ imprisonment. Defendant’s first assignment of error is the refusal of the trial court to give his requested instruction1 concerning his failure to testify. Instead, the court gave its own cautionary instruction in the following language:

"Now, the defendant has pleaded not guilty to the offense charged and in this connection a plea of not guilty in a criminal action by a defendant traverses and denies every issue in the case, but it is not necessary for the defendant to make any…