...for the people as to all matters about which he was examined in chief. The failure of the defendant to explain or to deny by his testimony any evidence...facts in the case against him may be commented upon by counsel." 46 Opinion of the Court. for decision the question of their constitutionality in these circumstances...

...permission by law to the court, counsel and jury to comment upon and consider the failure of defendant "to explain or to deny by his testimony any evidence or facts in the case against him" would infringe defendant's privilege against self-incrimination under the Fifth Amendment if this were...

...against himself ; or be deprived of life, liberty, or property without due process of law ; but in any criminal case, whether the defendant testifies...counsel, and may be considered by the court or the jury. The Legislature shall have power to provide for the taking, in the presence of the party accused and...

...of those parts of the California Constitution that read : Art. I, Sec. 13, California Const. : "in any criminal case, whether the defendant testifies...facts in the case against him may be commented upon ly the court and by counsel, and may be considered by the court or the Jury" (Nov. 6, 1934). Art. VI,...

...permission by law to the court, counsel and jury to comment upon and consider the failure of defendant 'to explain or to deny by his testimony any evidence or facts in the case against him' would infringe defendant's privilege against sclf-incrimination under the Fifth Amendment if this were...

...permission by law to the court, counsel and jury to comment upon and consider the failure of defendant 'to explain or to deny by his testimony any evidence or facts in the case against him' would infringe defendant's privilege against sclf-incrimination ondcr the Fifth Amendment if this were...

...himself; nor be deprived of life, liberty, or property without due process of law; but in ancriminal case, whether the defendant testifies or not, his...counsel, and may be considered by the court or the jury. The Legislature shall have power to provide for the taking, in the presence of the party accused and...

...California's constitution permitting comment by court and counsel on a defendant's "...failure to explain or deny by his testimony any evidence or facts in the case against him..."66 A Right Not To Be Questioned The accused could not cut off pretrial interrogation inasmuch...

...instance, is how this principle was formulated in the California State constitution: [Defendant's] failure to explain or to deny by his testimony any...counsel, and may be considered by the court or the jury.12 In several other states of the Union, constitutions or legislatures made similar provisions....

...Penal Code also permitted the judge and the prosecution to comment on "the failure of the defendant to explain or to deny by his testimony any evidence or facts in the case."46 Upon conviction, he appealed, claiming that the California procedure violated the Fifth Amendment's...