State v. Anderson

Tlie opinion of the court was delivered by

Casts, Chief Justice.

Joseph Anderson was indicted and convicted under an indictment for breaking and entering and theft. He did not take the stand, and the court commented upon that fact to the jury in the following words:

“The inferences to be properly drawn from the refusal of a defendant in a criminal case to testify in his own behalf are not overcome by his plea of not guilty, since such plea does not prevent him from testifying, and it is from his refusal to avail himself of that right that the inference that he cannot deny the charge can be…