State v. Baxter

OPINION OF THE COURT BY

MARUMOTO, J.

On. this appeal, appellant, who was convicted of first degree burglary after a jury trial, specifies a number of trial court errors, but the only specification which requires our consideration is the one relating to the instruction admonishing the jury not to draw any inference against him from the fact that he did not testify. 1 The instruction was given at the request of the prosecution and over appellant’s objection.

The court gave the instruction upon construing our statute as mandating it to do so. HRS § 621-15, formerly R.L.H. 1955, § 222-15, provides…