North Dakota Statutes
§ 29-21-11 — Defendant witness in own behalf
In the trial of a criminal action or proceeding before any court or magistrate of this state,
whether prosecuted by information, indictment, complaint, or otherwise, the defendant, at the
defendant's own request and not otherwise, must be deemed a competent witness, but the
defendant's neglect or refusal to testify does not create or raise any presumption of guilt against
the defendant. Nor may such neglect or refusal be referred to by any attorney prosecuting the
case, or considered by the court or jury before whom the trial takes place.
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Related
State v. Skjonsby
319 N.W.2d 764 (North Dakota Supreme Court, 1982)
State v. His Chase
531 N.W.2d 271 (North Dakota Supreme Court, 1995)
State v. Myers
2006 ND 242 (North Dakota Supreme Court, 2006)
State v. Jennewein
2015 ND 192 (North Dakota Supreme Court, 2015)
State v. Hanson
2023 ND 46 (North Dakota Supreme Court, 2023)
Nearby Sections
15
§ 29-01-01
How crimes prosecuted - Exceptions§ 29-01-03
How prosecution entitled§ 29-01-04
Affidavits need not be entitled§ 29-01-05
Party defendant is party prosecuted§ 29-01-06
Rights of defendant§ 29-01-06.1
Rights of defendant - Exception§ 29-01-06.2
Summoned person to report to sheriff§ 29-01-07
Only once prosecuted§ 29-01-08
Extent of restraint permissible§ 29-01-09
How conviction can be had§ 29-01-10
Where district courts held§ 29-01-12
Decision of district court reviewable§ 29-01-13
Definitions