People v. Brown

California Supreme Court

People v. Brown

53 Cal. 65

CourtCalifornia Supreme Court

DecidedJuly 1, 1878

DocketNo. 10,340

StatusPublished

This text of 53 Cal. 65 (People v. Brown) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Brown, 53 Cal. 65 (Cal. 1878).

Pincite

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.

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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.

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Bluebook (online)

53 Cal. 65, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-brown-cal-1878.

Opinion

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