State v. Brewer

BALEY, Judge.

Defendant assigns as error the form of the court’s instruction to the jury concerning his failure to testify. While an *544instruction more nearly in the language of G.S. 8-54 is preferable, State v. Powell, 11 N.C. App. 465, 181 S.E. 2d 754, cert. denied, 279 N.C. 396, 183 S.E. 2d 243, the court used language which clearly conveyed to the jury that the failure of defendant to testify was not to create any presumption against him. The identical words used by the court in this case.

“The same law also assures him that his decision not to testify will not be used against him. Therefore,…