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STATE v. BROWN

160 Conn. 346 (1971)

STATE OF CONNECTICUT v. CHESTER BROWN

Supreme Court of Connecticut.

Decided January 26, 1971.

Attorney(s) appearing for the Case

Igor I. Sikorsky, Jr., special public defender, for the appellant (defendant).

Arlen D. Nickowitz, assistant state's attorney, with whom, on the brief, was Joseph T. Gormley, Jr., state's attorney, for the appellee (state).

ALCORN, C. J., HOUSE, COTTER, RYAN and SHAPIRO, JS.

HOUSE, J.

On September 29, 1961, the defendant was tried by a jury in the Superior Court in Fairfield County on the charge of rape. He did not testify and the court charged the jury in accordance with the then common practice and existing law that once the state had presented a prima facie case the failure of the defendant to testify becomes a fact which the jury are entitled to consider. See State v. Nelson, 139 Conn. 124

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