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UNITED STATES v. SMITH

No. 11924.

392 F.2d 302 (1968)

UNITED STATES of America, Appellee, v. Durrell Gene "Skipper" SMITH, Appellant.

United States Court of Appeals Fourth Circuit.

Decided March 21, 1968.

Attorney(s) appearing for the Case

Claud N. Sapp, Columbia, S. C., for appellant.

William B. Long, Jr., Asst. U. S. Atty. (John C. Williams, U. S. Atty., on brief), for appellee.

Before BRYAN, WINTER and BUTZNER, Circuit Judges.

PER CURIAM:

On the trial of Durrell Gene "Skipper" Smith for robbery on May 5, 1967 of the Bank of Ridgeway, Ridgeway, South Carolina, 18 U.S.C. § 2113(a) and (d), his counsel asked the Court to charge the jury that "the fact that he [defendant] did not take the stand cannot be held against him." Refusal of this instruction is one of the assignments of error in Smith's appeal against his conviction. We think it is well taken, but we find no merit in the others...

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