CRIMES-INFLUENCE FROM THE DEFENDANTS FAILURE TO TESTIFY

Authors

Abstract

The testimony given on a trial for murder indicated that the defendant had shot and killed one of his pursuers while fleeing the scene of a robbery in which he had taken a principal part. The trial court instructed the jury that the defendant, while not compellable, was competent to be a witness in his own behalf; and that although his failure to take the stand raised no presumption of his guilt, if facts were testified to which were accusations against the defendant which he could by his oath deny, and he failed to take the stand in his own behalf, it raised a strong presumption that he could not truthfully deny those facts. On appeal, it was held that the instruction was not in error. State v. Gimbel (N. J. 1930) 151 Atl. 756.

Recommended Citation

CRIMES-INFLUENCE FROM THE DEFENDANTS FAILURE TO TESTIFY, 29 Mich. L. Rev. 783 (1931).
Available at: https://repository.law.umich.edu/mlr/vol29/iss6/26