Beach v. United States

Field, Justice.

We are clear that the court below erred in allowing the district attorney to argue to the jury that the refusal of Marks to answer certain questions on the ground that his answers might criminate himself, was a circumstance to be considered by them in making up their verdict; that they had a right to consider whether it was not his real object to protect the defendant, and not himself; and that, “if he was thus particular to protect the defendant,” it must have heen from a knowledge 'that his answers might criminate, not himself, but the defendant. It was also error in the…