State v. Corby

The opinion of the court was delivered by

Francis, J.

Defendant was convicted of armed robbery in the County Court. Upon affirmance of the conviction in the Appellate Division (47 N. J. Super. 493), we granted certification.

*108Only one reason for reversal is now urged, namely, that the trial court erred in charging the jury with respect to the defendant’s failure to testify in his own behalf, as follows:

“Now, this defendant did not take the stand in his own defense. When the State’s case rested, the defense rested. The defendant had a perfect right under the constitutional law of our state to…