# People v. Brown

> California Supreme Court · July 1, 1878 · 53 Cal. 65

URL: https://www.frixlaw.com/law-library/cases/5439308

## Case

- **Full name:** THE PEOPLE v. MAGGIE BROWN
- **Court:** California Supreme Court
- **Decided:** July 1, 1878
- **Citations:** 53 Cal. 65
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5439308

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5439308. Public record. Not legal advice.