People v. O'Brien
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The defendant was convicted of the crime of embezzlement. The facts are stated in the opinion of the court.
1DissentMcKee, J.
I dissent. No person accused of-crime can be compelled to testify against himself, nor can any *604witness be compelled to give evidence which would tend to criminate himself. But these are rights which may be waived; and when a defendant in a criminal action testifies in his own behalf he waives his right, and becomes a witness in the case, subject to be examined and cross-examined as any other witness. This, as I understand it, is the established doctrine upon the subject in the courts of all the states where a defendant in a criminal action is permitted to avail himself of the privilege of…
2Cases cited9 opinions
- Stover v. . People of the State of N.Y.New York Court of Appeals · 1874
- State v. WithamSupreme Judicial Court of Maine · 1881
- People v. Chin Mook SowCalifornia Supreme Court · 1877
- People v. KelleyCalifornia Supreme Court · 1873
- People v. ReinhartCalifornia Supreme Court · 1870
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