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STATE v. NOMELAND

No. 15556.

581 P.2d 1010 (1978)

STATE of Utah, Plaintiff and Respondent, v. Jack Warren NOMELAND and Donald Farrell, Defendants and Appellants.

Supreme Court of Utah.

June 26, 1978.

Attorney(s) appearing for the Case

Shelden R. Carter, of Utah County Legal Defender Ass'n, Provo, for defendants and appellants.

Robert B. Hansen, Atty. Gen., William W. Barrett, Asst. Atty. Gen., Noall T. Wootton, Utah County Atty., Salt Lake City, for plaintiff and respondent.

ELLETT, Chief Justice:

The defendants appeal from a conviction of burglary. They make no complaint about the fact that the evidence was sufficient to convince the jury of their guilt beyond a reasonable doubt. What they do complain about is the giving by the court of the following instruction:

A defendant in a criminal case is not required to testify in his own behalf. The law expressly gives him the privilege of not testifying if he so desires. The fact...

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