State v. Perry

The opinion of the court was delivered by

Miller, J.:

Daniel L. Perry appeals, following his conviction by a jury of aggravated robbery, K.S.A. 21-3427.

He raises but one point: that the trial court violated his constitutional rights when it instructed the jury, over his objection, that:

“You shall not consider the fact that the defendant did not testify in arriving at your verdict.”

This instruction is taken from PIK Crim. 52.13. Defendant acknowledges in his brief and in oral argument that the instruction is a correct statement of the law, and he does not challenge the substance of the…