Clay v. State

Ingram, Justice.

This appeal, from an armed robbery conviction in Fulton Superior Court, presents only one issue for decision: Did the trial court err in failing to charge the jury, upon the written request of the defendant to do so, that the defendant’s failure to testify in his own favor shall not create a presumption against him? Two recent decisions of this court, noted below, lead us to conclude that it was error and that a new trial must be ordered in this case.

Submitted January 29, 1976 Decided March 8, 1976. Henry C. Ross, for appellant. Lewis R. Slaton, District Attorney, Donald J.…