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Lynch v. State

Court of Appeals of Georgia
Nov 14, 1963
134 S.E.2d 526 (Ga. Ct. App. 1963)

Opinion

40421.

DECIDED NOVEMBER 14, 1963.

Liquor violation. Effingham Superior Court. Before Judge Usher.

Allyn M. Wallace, for plaintiff in error.

Cohen Anderson, Solicitor General, contra.


1. The defendant having made an unsworn statement to the court and jury in his defense, the court erred in charging the jury to the effect that the defendant had the right to testify under oath as any other witness and to be examined and cross examined as any other witness, and in connection with such charge stating to the jury, "Now, the defendant in this case elected to make an unsworn statement." Code § 38-415, as amended by Ga. L. 1962, pp. 133, 134, 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 court erred in overruling the second special ground of defendant's motion for a new trial assigning error because of such charge. McCann v. State, 108 Ga. App. 316 ( 132 S.E.2d 813).

2. The first special ground of the motion relates to a matter not likely to occur on another trial; the third special ground is not meritorious, and the general grounds are not passed upon inasmuch as the evidence on another trial may not be the same.

Judgment reversed. Nichols, P. J., and Jordan, J., concur.

DECIDED NOVEMBER 14, 1963.


Summaries of

Lynch v. State

Court of Appeals of Georgia
Nov 14, 1963
134 S.E.2d 526 (Ga. Ct. App. 1963)
Case details for

Lynch v. State

Case Details

Full title:LYNCH v. THE STATE

Court:Court of Appeals of Georgia

Date published: Nov 14, 1963

Citations

134 S.E.2d 526 (Ga. Ct. App. 1963)
134 S.E.2d 526

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