Cargile v. State

1. An instruction that the jury will try the case by the evidence as applied to the law given in charge is not erroneous as excluding a consideration of the prisoner’s statement, where the court also fully instructs the jury on the effect to be given the prisoner’s statement. Tolbirt v. State, 124 Ga. 767.

2. While it is true that a defendant in a criminal case electing to make a statement is not subject to cross-examination without his consent, yet . as this provision of the statute is but a rule of trial procedure, it is the better practice to omit any reference to it in the general charge.…