Barber v. State

MacIntyre. J.

The defendant was charged with felony (breaking into an automobile). He was convicted, and excepted to the overruling of his motion for new trial.

1. The judge charged the jury: “Gentlemen, the law permits the defendant to make in his own behalf just such statement as he sees fit. He is not under oath, and not subject to examination. You will give to his statement such weight and credit only as you think it is entitled to receive. You may believe it in whole or in part. You may believe it in preference to the sworn testimony in the case.” (Italics ours.) The objection is to the…