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