"Where is the testimony that he did not do it?
How later courts described this case
- "Where is the testimony that he did not do it?
Written by the judges who cited it.
The opinion
*800
Dissenting Opinion.
Smith, Cl J.;
delivered a dissenting opinion.
The judgment of the court, below should be affirmed. The review of the cases by Judge Robbrds bearing hereon discloses that this Court is about to so construe this statute, if it has not already done so, that it will be almost impossible for a prosecuting attorney fo safely argue a criminal case to the jury when the defendant therein fails to testify.