State v. Willis

MORRIS, Judge.

Both defendants assign error to the above quoted portion of the court’s instruction to the jury. It is elementary that the law is that the jury is not to infer guilt from the fact that the defendant neither testifies nor presents evidence. G.S. 8-54. Whether by error of the reporter or inadvertence of the court, the record before us clearly shows an erroneous instruction that,

“The fact that neither Willis nor Williams offered testimony is to be regarded to their prejudice in any respect.”

The court further instructed that, “The burden is on the State of North Carolina from the…