Twining v. New Jersey
Supreme Court of the United States
ERROR TO THE COURT OP ERRORS AND APPEALS OP THE STATE OP NEW JERSEY. Albert C. Twining and David C. Cornell, the plaintiffs in error, hereafter called the defendants, were indicted by the grand jury of Monmouth County, in the State of New Jersey.
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ERROR TO THE COURT OP ERRORS AND APPEALS OP THE STATE OP NEW JERSEY. Albert C. Twining and David C. Cornell, the plaintiffs in error, hereafter called the defendants, were indicted by the grand jury of Monmouth County, in the State of New Jersey. The indictment charged that the defendants, being directors of the Monmouth Trust and Safe Deposit Company, knowingly exhibited a false paper to Larue Vreedenberg, an examiner of the State Banking Department, with intent to deceive him as to the condition of the company. Such an act is made a misdemeanor by a statute of the State (P. L. 1899, p. 450,…
1Opinion of the CourtJustice Moody
In the view we take of the case we do not deem it necessary to consider whether, with respect to the Federal question, there is any difference in the situation of the two defendants'. It is assumed, in respect of each, that the jury were instructed that they might draw an unfavorable inference against him from his failure to testify, where it was within his power, in denial of the evidence which tended to incriminate him. The law of the State, as declared in the case ¿t bar, which accords with other decisions (Parker v. State, 61 N. J. L. 308; State v. Wines, 65 N. J. L. 31; State v.…
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