State v. Goff

*105The opinion of the court was delivered by

Doster, C. J.:

This is an appeal from a judgment of conviction of a misdemeanor. We ordered a certification of the case from the court of appeals in order to give consideration to the question whether it was the duty of the trial court, upon defendant’s request, to give to the jury the following instruction : “The fact that the defendant did not testify in this cause should not be construed to affect his innocence or guilt.” In this case the court of appeals for the northern department held that a refusal to give this instruction was not error. (10 Kan.…