State v. Mitchell

Citations

• 32 Wash. 64
• 72 P. 707
• 1903 Wash. LEXIS 376

Syllabus

<p>CRIMINAL LAW — FAILURE OF ACCUSED TO TESTIFY-DUTY OF COURT TO INSTRUCT AGAINST INFERENCE OF GUILT.</p> <p>An instruction that the neglect of defendant to testify should not create any presumption against him was a sufficient compliance with the requirements of Bal. Code, § 6941, which provides “that it shall he the duty of the court to instruct the jury that no inference of guilt shall arise against the accused if the accused shall fail or refuse to testify as a witness in his or her own behalf.”</p> <p>SAME ■— INSTRUCTIONS COMMENT ON FACTS.</p> <p>An instruction of the court, stating the theory of one of the parties to the prosecution, and applying the law thereto, in case the jury shall find in accordance with such theory, is not objectionable as being a comment on the facts within the meaning of art. 4, § 16, of the constitution.</p>