Judgment reversed on the law and the facts, and new trial granted.
In view of the closeness of the question of defendant's guilt, we cannot say that the portion of the court's charge relating to the failure of the defendant to take the witness stand, wherein the court deviated from the statutory language (Code Crim. Pro., § 393), did not unduly influence the jury to the prejudice of the defendant. It is not necessary to add anything to the plain and simple language...
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