State v. Bennett

WELLS, Judge.

By his sole assignment of error, defendant contends that the trial court erred in including in its charge to the jury, without request from defendant, the following instruction:

Now, ladies and gentlemen, the defendant in this case has not gone on the witness stand and testified during this trial, and under the law, when a person is placed upon trial, such defendant may or may not go on the witness stand and testify in his own behalf as he may elect or as his counsel may advise. The Court, therefore, charges you that his failure to go upon the witness stand is not to be considered…