BARRETT v. STATE

51805.

138 Ga. App. 26 (1976)

225 S.E.2d 483

BARRETT v. THE STATE.

Court of Appeals of Georgia.

Decided March 8, 1976.


Attorney(s) appearing for the Case

H. J. Thomas, Jr., for appellant.

William F. Lee, Jr., District Attorney, Robert H. Sullivan, Assistant District Attorney, for appellee.


BELL, Chief Judge.

The defendant was convicted of burglarizing a warehouse. Held:

1. The trial court did not charge the jury on the right of the defendant not to testify. Code Ann. § 38-415 provides in part: "... The failure of a defendant to testify shall create no presumption against him, and no comment shall be made because of such failure:..." The charge as urged by the defendant would have violated the statute and would have interjected error...

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