U.S. Supreme Court
Bruno v. United States, 308 U.S. 287 (1939)
Bruno v. United States
Argued November 6, 1939
Decided December 4, 1939
308 U.S. 287
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. chanroblesvirtualawlibrary