May v. State

Section 7894 of the Code of 1907 'provides that:

“On the trial of all indictments, complaints, or other criminal proceedings, the person on trial shall, at his own request, but not otherwise, be a competent witness; and his failure-to make such request shall not create any presumption against him, nor be the subject of comment by counsel.”

The defendant did not take the stand a» a witness in the case, and the solicitor in his argument t'o the jury stated:

“If he had an excuse, why didn’t he tell you about it? If he has a reason, why didn’t he give it?”

The logical and reasonable effect of these…