People v. Brown

California Supreme Court

People v. Brown

53 Cal. 65

Procedural entryThis page is a short order in People v. Brown. Read the opinion of the Court — 56 Cal. 405 →

California Supreme Court·Decided July 1, 1878·No. No. 10,340·Published

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.

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

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Opinion

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