Griffin v. California

Petitioner was convicted of murder in the first degree after a jury trial in the California court. He did not testify at the trial on the issue of guilt, though he did testify at the separate trial1 on the issue of penalty. The trial court instructed the jury on the issue of guilt, stating that a defend*128ant has a constitutional right not to testify. But it told the jury:2

“As to any evidence or facts against him which the defendant can reasonably be expected to deny or explain because of facts within his knowledge, if he does not testify, he fails to deny or explain such evidence, the jury may…