BAILEY v. STATE

53763.

142 Ga. App. 202 (1977)

235 S.E.2d 650

BAILEY v. THE STATE.

Court of Appeals of Georgia.

Decided May 5, 1977.


Attorney(s) appearing for the Case

John Thomas Chason, for appellant.

Lewis R. Slaton, District Attorney, Donald J. Stein, Assistant District Attorney, for appellee.


SHULMAN, Judge.

Appellant was tried before a jury and was found guilty of burglary. He appeals from denial of a motion for new trial.

1. Appellant contends that the trial judge improperly commented on the appellant's failure to testify by referring in his charge to the "contentions of the defendant." Code Ann. § 38-415. The trial court instructed the jury that:

"Now, the defendant comes into court and by his plea of not guilty and through his...

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