Commonwealth v. House
Superior Court of Pennsylvania
Appeal, No. 32, April T., 1898, by defendant, from judgment of Q. S. Allegheny Co., June Sess., 1896, No. 452, on verdict of guilty. Indictment for embezzlement of $26,652.74. Before Kennedy, P. J. It appears from the record that defendant was indicted in the court bfelow on numerous counts charging him with embezzlement as a municipal officer, jointly with W. C. Moreland, who had been for many years city attorney of the city of Pittsburg.
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Appeal, No. 32, April T., 1898, by defendant, from judgment of Q. S. Allegheny Co., June Sess., 1896, No. 452, on verdict of guilty. Indictment for embezzlement of $26,652.74. Before Kennedy, P. J. It appears from the record that defendant was indicted in the court bfelow on numerous counts charging him with embezzlement as a municipal officer, jointly with W. C. Moreland, who had been for many years city attorney of the city of Pittsburg. At the trial of the case all the counts were abandoned excepting one chai’ging that the said defendant did embezzle the sum of $26,652.74, in aiding and…
1Opinion of the Court
Opinion by
Rice, P. J.,
The general proposition that the testimony of a defendant cannot be used against him on a second trial of the same indictment, if he elects not to go upon the witness stand, is not strongly urged in the present case, and is not well founded upon principle or authority. Pie cannot be compelled to give evidence against himself, but if he gives it voluntarily he cannot object to having it used against him. His constitutional privilege, as far as that testimony is concerned, is waived, and cannot be reclaimed in any subsequent trial of the same indictment. As was said in…
2Cases cited42 opinions
- Ex Parte LangeSupreme Court of the United States · 1874
- Emery's caseMassachusetts Supreme Judicial Court · 1871
- Maurer v. . the PeopleNew York Court of Appeals · 1870
- State v. PattersonSupreme Court of Vermont · 1873
- Commonwealth v. NicholsMassachusetts Supreme Judicial Court · 1873
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3Cited by52 opinions
- Commonwealth v. BoyleSupreme Court of Pennsylvania · 1982
- Commonwealth v. ChmielSupreme Court of Pennsylvania · 1999
- Commonwealth v. EVANSSuperior Court of Pennsylvania · 1959
- Commonwealth v. TraceySuperior Court of Pennsylvania · 1939
- Commonwealth v. CraigSuperior Court of Pennsylvania · 1902
47 more not listed; retrieve them via the Exa API.