Bruno v. United States
308 U.S. 287 (1939)

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U.S. Supreme Court

Bruno v. United States, 308 U.S. 287 (1939)

Bruno v. United States

No. 300

Argued November 6, 1939

Decided December 4, 1939

308 U.S. 287

Syllabus

1. Under the Act of March 16, 1878, the accused in a criminal case in the federal court is entitled, upon request, to have the jury instructed, in substance, that his failure to avail himself of the privilege of testifying does not create any presumption against him, and must not be permitted by the jury to weigh against him. P. 308 U. S. 292.

2. Refusal to grant such an instruction is not a "technical error" to be disregarded upon review or motion for new trial, within the meaning of 28 U.S.C. § 391. P. 308 U. S. 293.

105 F.2d 921 reversed.

Certiorari, post, p. 536, to review error in the affirmance of a criminal conviction.

Page 308 U. S. 291

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