gno.law

People v. Brown

California Supreme Court · No. 10,340 · 1878-07-01 · Published · 53 Cal. 65

THE PEOPLE v. MAGGIE BROWN

Area
criminal

Analysis

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Opinion

By the Court :

The Court erred in permitting the District Attorney (against the objection of defendant’s counsel) to argue that the failure of defendant to become a witness was to be considered by the jury as a circumstance tending to prove her guilt, and in approving of such action of the prosecuting officer. (Penal Code, sec. 1323; People v. Tyler, 36 Cal. 522.)

Judgment and order reversed, and cause remanded for a new trial. Remittitur forthwith.

Cites, in this corpus