Garner v. State

(After stating the foregoing facts.) Ground 1 of the amended motions for new trial complains of the following excerpt from the charge of the court: “The defendant is allowed to make the court and jury just such statement in his own behalf as he sees fit. His statement is not under oath, it is not subject to cross-examination, and you are authorized to give it such weight and credit only as you think it is entitled to receive. The statement is not under .oath, and the defendant incurs no penalty of the law if the statement is untrue. You may believe the statement in whole or in part and you…