People v. Abernathy

Defendants appeal their conviction by a jury of breaking and entering with intent to commit a larceny, MCLA § 750.110 (Stat Ann 1962 Rev § 28.305).

At the trial defendants did not testify in their own behalf. Accordingly, the trial court, after a discussion in chambers with defendants’ trial counsel, instructed the jury in the following manner:

“I charge you that the defendants had a right to go upon the witness stand and testify in their own behalf, if they chose to do so. The law, however, expressly provides that no presumption adverse to either of them is to arise from the mere fact that he…