Bruntz v. State

Jacob Bruntz was convicted of assault with intent to commit robbery and brings error.

*566The principal question arises out of the county attorney’s comment upon defendant’s failure to testify. In his argument to the jury he said: “The defendant does not get on the stand to tell you about this case.” The trial court immediately admonished the county attorney and instructed the jury to disregard his remark.

Section 29-2011, Comp. St. 1929, provides that the refusal or neglect of an accused to testify shall not create any presumption against him, “nor shall any reference be made to, nor any comment…