Whisenhunt v. State

Quillian, Presiding Judge.

Robert A. Whisenhunt and the Bay Management Company, Incorporated — for whom Whisenhunt worked, appeal their convictions of knowingly possessing devices used primarily to stimulate human genital organs, and distributing obscene material. Held:

1. The defendant contends the trial court erred in failing to give his “requested instruction” that the failure of the defendant to testify shall create no presumption against him. The record before us reveals that this instruction was first requested by the the defendant and then “orally withdrawn by counsel.”

2. The trial court…