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TWINING v. STATE OF NEW JERSEY

No. 10.

211 U.S. 78 (1908)

29 S.Ct. 14

53 L.Ed. 97

TWINING v. STATE OF NEW JERSEY.

Supreme Court of United States.

Decided November 9, 1908.

Attorney(s) appearing for the Case

Mr. John G. Johnson and Mr. Marshall Van Winkle, with whom Mr. William W. Gooch, Mr. Herbert C. Smyth and Mr. Frederic C. Scofield were on the brief, for plaintiffs in error.

Mr. Robert H. McCarter, Attorney General of the State of New Jersey, and Mr. H.M. Nevius, with whom Mr. Nelson B. Gaskill was on the brief, for defendant in error.

MR. JUSTICE MOODY, after making the foregoing statement, delivered the opinion of the court.

In the view we take of the case we do not deem it necessary to consider whether, with respect to the Federal question, there is any difference in the situation of the two defendants. It is assumed, in respect of each, that the jury were instructed that they might draw an unfavorable inference against him from his failure to testify...

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