Is there any case law where a defendant has not commented on the evidence in the witness box?

It is further true that when the state points an accusing finger directly at a defendant, common sense demands that he testify, if in truth he is able to fend off the evidence against him and neither the absence of comment nor an instruction against an adverse inference can dilute the inculpatory force of uncontradicted evidence of that character. (State v. Garvin, 44 N.J. 268, 208 A.2d 402.)

A criminal trial ought to be a proceeding to ascertain and determine the guilt or innocence of a defendant.