The 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.