STUART, Justice.
Defendant appealed from the judgment on a jury verdict finding him guilty of the crime of larceny. He did not testify at the trial. The sole error alleged is the giving of Instruction No. 10, which states:
"You are instructed that the defendant in this case had the right under the law to testify as a witness in his own behalf, and he may also refrain from testifying. The fact that he does refrain from testifying may be considered by the jury...
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