APPEAL AND ERROR - EFFECT OF RULE THAT APPELLATE COURT CAN TAKE NOTICE OF THE FAILURE OF THE DEFENDANT TO TESTIFY

Authors

Michigan Law Review, University of Michigan Law School

Abstract

In affirming a conviction on an indictment for conspiracy to cheat and defraud, the Illinois Appellate Court, an intermediate court of appeals, decided that the evidence was sufficient to justify the jury in concluding that the representations made by the defendants were false. The defendants brought error to review the judgment of the Appellate Court, one ground being that in considering the sufficiency of the evidence, the Appellate Court took notice of the fact that the defendants failed to take the stand and explain the representations. Held, it was not error for the Appellate Court on review to consider the fact that the defendants failed to testify in the trial court. People v. Carmen, 367 III. 326, 11 N. E. (2d) 397 (1937).

Recommended Citation

Michigan Law Review, APPEAL AND ERROR - EFFECT OF RULE THAT APPELLATE COURT CAN TAKE NOTICE OF THE FAILURE OF THE DEFENDANT TO TESTIFY, 36 Mich. L. Rev. 1376 (1938).
Available at: https://repository.law.umich.edu/mlr/vol36/iss8/9