Alabama Statutes

§ 12-21-220 — Right of Defendant to Be Witness; Effect of Prosecution’s Comment on Defendant’s Failure to Testify

Alabama·Title 12 Courts·Ch. 21 Evidence and Witnesses·Art. 2 Criminal Cases·Div. 2 Witnesses

On the trial of all indictments, complaints or other criminal proceedings, the person on trial shall, at his own request, but not otherwise, be a competent witness, and his failure to make such a request shall not create any presumption against him nor be the subject of comment by counsel. If the district attorney makes any comment concerning the defendant’s failure to testify, a new trial must be granted on motion filed within 30 days from entry of the judgment.

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On the trial of all indictments, complaints or other criminal proceedings, the person on trial shall, at his own request, but not otherwise, be a competent witness, and his failure to make such a request shall not create any presumption against him nor be the subject of comment by counsel. If the district attorney makes any comment concerning the defendant’s failure to testify, a new trial must be granted on motion filed within 30 days from entry of the judgment.

Alabama § 12-21-220 (Right of Defendant to Be Witness; Effect of Prosecution’s Comment on Defendant’s Failure to Testify) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

(Code 1886, §4473; Code 1896, §5279; Code 1907, §7894; Code 1923, §5632; Code 1940, T. 15, §305; Acts 1949, No. 124, p.150.)

Nearby Sections

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