Wilson v. United States
Supreme Court of the United States
ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. The defendant below, George E. Wilson, the plaintiff in. error here, is a bookseller arid publisher, carrying on his business in Chicago, Illinois.
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ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. The defendant below, George E. Wilson, the plaintiff in. error here, is a bookseller arid publisher, carrying on his business in Chicago, Illinois. He was indicted in the United States District Court for the Northern District of that State for a violation of section two of the act of' Congress of September 26, 1888, 25 Stat. 496, c. 1039, amending section 3893 of the Revised Statutes, relating to the use of the mails to-give information where and by what means obscene and lewd publications might be…
1Opinion of the CourtJustice Field
The act of Congress permitting the defendant in a criminal action to appear as a witness in his own behalf upon his request declares, as it will be seen, that his failure to request to be a witness in the case shall not create any presumption against him.
' To prevent such presumption being created, comment, especially hostile comment, upon such failure must necessarily be excluded from the jury. The minds of the jurors can only remain unaffected from this circumstance by excluding all reference to it.
At common law no one accused of crime could be compelled to give evidence in a prosecution…
2Cases cited1 opinion
- Commonwealth v. ScottMassachusetts Supreme Judicial Court · 1877
3Cited by248 opinions
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- State v. DiGuilioSupreme Court of Florida · 1986
- United States v. HastingSupreme Court of the United States · 1983
- Tehan v. United States Ex Rel. ShottSupreme Court of the United States · 1965
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