• 2005 - Defendant Not Testifying
  • K-5.42
    • Charge To Jury
    • Circumstantial Evidence
    • Defendants
    • Evidence
    • Guilt
    • Witnesses
    • Closing Instructions
  • The Defendant has a constitutional right not to testify. You must not draw any inference of guilt from the Defendant’s silence. The prosecutor cannot mention the Defendant’s silence, and you must not discuss or consider it.
    • State v. His Chase, 531 NW2d 271 (ND 1995)
    • State v. Nordquist, 309 NW2d 109 (ND 1981)
    • State v. Skjonsby, 319 NW2d 764 (ND 1982)
  • Notes: