North Dakota Statutes

§ 29-21-11 — Defendant witness in own behalf

North Dakota·Title 29 Judicial Procedure, Criminal·Ch. 29-21 Trial
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)
62 case citations
State v. His Chase
531 N.W.2d 271 (North Dakota Supreme Court, 1995)
21 case citations
State v. Myers
2006 ND 242 (North Dakota Supreme Court, 2006)
17 case citations
State v. Jennewein
2015 ND 192 (North Dakota Supreme Court, 2015)
3 case citations
State v. Hanson
2023 ND 46 (North Dakota Supreme Court, 2023)

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