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Report No. 87

Accused as witness.- When concern for the innocent led later in the 19th century to legislation enabling the accused to testify if he chose, the Acts in U.S.A. generally provided that no adverse inference should be drawn from failure to testify on part of the accused.

1. Amana Socty v. Salzer, (1959) 250 Iowa 380 (383): 94 NW 2d 337 (339).

2. N.J. Rev. Stat. 2A: 84A-17 Supp 1963); see generally Model Code of Evidence, rule 203, comment (1942).

3. McCormick Evidence, (1954), pp. 126, 263 and 264.

4. G. Williams The Proof of Guilt, (1961), pp. 38-45 (3rd Edn., 1963).

5. See also Ferguson v. Georgia, 365 US 570 (573-578) (History of incompetency doctrine).



Identification of Prisoners Act, 1920 Back




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