State v. Wimpsett

Defendant was found guity of statutory rape. Motion for new trial was denied, and from the judgment and sentence of the circuit court this appeal was taken. As a new trial must be granted upon the assignment of error hereinafter discussed, we deem it unnecessary to consider the other assignments.

The fourth assignment of error is based on the court’s refusal to give the following instruction requested by the defendant: “You are further instructed that the fact that the defendant has not testified in this case raises no presumption against him, *8and you must give no thought to the fact that the…