State v. Pavelich

Appellants were prosecuted and convicted of the crime of being jointists. Motions in arrest of judgment and for a new trial were denied, and they were each sentenced to indeterminate terms of imprisonment in the state penitentiary.

At the proper time during the trial of the case, appellant Pavelich, through his counsel, requested an instruction (No. 6) as follows:

“You are instructed that you are to draw no inference of guilt against the defendant John Pavelich because he has not testified as a witness in his own behalf. As heretofore stated in these instructions, he is presumed innocent of any…