State v. Hutchinson

I concur fully in the Per Curiam opinion, but file this concurring opinion so that I may express my view that in future cases, wherein the accused does not testify and does not object, trial courts should instruct the jury to the effect “that a defendant cannot be compelled to take the witness *557stand and that the jurors should not permit the failure to testify to influence them in arriving at a verdict.” Miller v. United States, 8th Cir., 410 F.2d 1290, 1296. I find support for this point of view in Caton v. United States, 8th Cir., 407 F.2d 367, wherein the Court expressed itself in the…