Majority
p. 66[No. 10,340.] THE PEOPLE v. MAGGIE BROWN.
Headnote
Deveeuakt in a CrcnnxAii Case as a "Witness.—The failure of a defendant in a criminal case to become a witness in his own behalf is not to be considered by the jury as a circumstance tending to establish gnilt, and it is error to permit counsel so to argue against the objections of defendant’s counsel.
p. 67Attorney-General Hamilton, for the People.
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.
J. S. Brown and J. C. Goods, for the Appellant.
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.
Cases cited
- People v. Tyler 36 Cal. 522 p. 67