Graves v. State

OPINION

By the Court,

Thompson, J.:

A jury convicted Graves of attempted first degree murder. He was the sole witness in defense. His request for reversal and another trial rests mainly upon the jury instruction quoted below, 1 commenting upon his testimony. The state acknowledges error and concedes that the instruction offends the prohibition of NRS 175.170 reading: “In the trial of all indictments, complaints and other proceedings against persons charged with the commission of crimes or offenses the person so charged shall, at his own request, but not otherwise, be deemed a competent witness,…