BARRETT v. STATE

BELL, Chief Judge.

The defendant was convicted of burglarizing a warehouse. Held:

1. The trial court did not charge the jury on the right of the defendant not to testify. Code Ann. § 38-415 provides in part: "... The failure of a defendant to testify shall create no presumption against him, and no comment shall be made because of such failure:..." The charge as urged by the defendant would have violated the statute and would have interjected error. Linder v. State, 132 Ga. App. 624, 625 ( 208 S.E.2d 630). there was no error in failing to so charge.

2. Defendant's enumeration that the court erred in denying a motion for a new trial predicated on an affidavit by a prosecution witness stating that she lied under oath is without merit. A post trial declaration by a state's witness that his former testimony was false is not cause for a new trial. Richey v. State, 132 Ga. App. 188 ( 207 S.E.2d 672).

3. There is evidence to show that defendant without authority entered a commercial building with intent to commit theft. The conviction was authorized.

Judgment affirmed. Clark and Stolz, JJ., concur.