53 Cal. 66, 10,340, People v. Brown

Docket Nº:10,340
Citation:53 Cal. 66
Party Name:THE PEOPLE v. MAGGIE BROWN
Attorney:J. S. Brown and J. C. Goods, for the Appellant. Attorney-General Hamilton, for the People.
Case Date:April 01, 1878
Court:Supreme Court of California
 
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Page 66

53 Cal. 66

THE PEOPLE

v.

MAGGIE BROWN

No. 10,340

Supreme Court of California

April, 1878

Appeal from the County Court of Sacramento County.

The defendant was tried for the crime of grand larceny. In the final argument of the cause, the District Attorney commented upon the fact that the defendant had not presented herself as a witness in her own behalf, and argued that the circumstance was one tending strongly to prove her guilt. The counsel for the defendant objected to such argument; but the Court permitted it, and indicated approval thereof. The defendant was convicted, and appealed.

COUNSEL:

J. S. Brown and J. C. Goods, for the Appellant.

Attorney-General Hamilton, for the People.

OPINION

Page 67

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...

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