Raffel v. United States, 271 U.S. 494 (1926)

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Raffel v. United States

No. 307

Submitted May 4, 1926
Decided June 1, 1926
271 U.S. 494

CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS

FOR THE SIXTH CIRCUIT

Syllabus

1. A defendant in a criminal case who voluntarily testifies in his own behalf waives completely his privilege under the Fifth Amendment and the Act of March 16, 1878. P. 495.

2. It is not error to require a defendant offering himself as a witness upon a second trial and denying the truth of evidence offered by the prosecution to disclose upon cross-examination that he had not testified as a witness in his own behalf upon the first trial, and to explain why he did not deny the same evidence when then offered. P. 497.

In answer to a question propounded by the circuit court of appeals upon a review of a conviction under the Prohibition Act.