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Shareware Overload Trio 2
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CHAPTER.18
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WITNESSES
Effect of Failure to Testify
"A defendant in a criminal case is entitled to rest in silence
and security upon his plea of not guilty, and no inference of guilt
can properly be drawn against him from his failure to testify in
his own behalf." People v. Tyler (1869), 36 C. 522.
"The right of the accused to be examined in his own behalf is
one which he may exercise or not, and no presumption can be
properly indulged against him for his not doing so." People v.
Anderson (1870), 39 C. 703.
"The existence of this right does not modify or change any of
the rules of evidence as they existed anterior to its incorporation
into the Code of Criminal Procedure." People v. Anderson (1870),
39 C. 703.
"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 guilt." People v. Brown (1878),
53 C. 66.
"It is a principle of criminal law that the defendant may not
be compelled give evidence against himself." Johnston v. Southern
Pacific Co. (1907), 150 C. 541, 89 P. 348, 11 Ann. Cas. 841.
"The accused's silence or failure to explain or deny the
evidence presented against him cannot be regarded as a confession."
(Disapproving statement in People v. Pianezzi, 42 C.A.2d 265, 268,
108 P.2d 732.). People v. Adamson (1946), 27 C.2d 478, 165 P.2d 3,
aff'd (1947) 332 U.S. 46, 91 L.Ed. 1903, 67 S.Ct. 1672, 171 A.L.R.
1223; followed in People v. Peterson (1946), 29 C.2d 69, 173 P.2d
11, People v. Greenberg (1946), 73 C.A.2d 675, 167 P.2d 214.
Discussed in 34 C.L.R. 764.
"Defendant's failure to testify will not supply a lacuna in
prosecution's proof." People v. Ashley (1954), 42 C.2d 246, 267
P.2d 271, on hearing after 115 A.C.A. 69, 251 P.2d 747, reh. den.
by div. ct., cert. den. 348 U.S. 900, 99 L.Ed. 707, 75 S.Ct. 222;
followed in People v. Weitz (1954), 42 C.2d 338, 267 P.2d 295.
"The defendant has the constitutional right to stand mute,
without unfavorable presumption from his silence, and to demand
that the prosecution prove the case against him beyond a reasonable
doubt." People v. Emmons (1910), 13 C.A. 487, 110 P. 151.
"A defendant in a criminal action cannot be compelled to be a
witness against himself and his refusal cannot be used against
him." People v. Keko (1915), 27 C.A. 351, 149 P. 1003.
"A defendant is not required to take the stand." People v.
Bracklis (1921), 54 C.A. 40, 200 P. 1062.
"No unfavorable inference can be drawn from the failure of the
defendant to testify." People v. Bracklis (1921), 54 C.A. 40, 200
P. 1062.