State v. Callahan

The opinion of the court was delivered by

Swayze, J.

A majority of the court think that the judgment in this case should be affirmed for the reasons stated in the opinion of Mr. Justice Bergen in the Supreme Court, but in view of the difference of opinion in this court, it is thought well to add to what he said. The substantial complaint made by the plaintiff in error is that the learned judge of the Quarter Sessions, in his charge, called the attention of the jury to the failure of the defendant to go upon the stand as a witness in Iris own behalf, and charged them as follows, using almost the…