Alabama Code 12-21-220. Right of defendant to be witness; effect of prosecution’s comment on defendant’s failure to testify
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Terms Used In Alabama Code 12-21-220
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
- Testify: Answer questions in court.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
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.