Joseph McKenna

“ The fact that the accused did not offer himself as a witness in his own favor has been used to his prejudice, in violation of his right to remain silent until his guilt be established by the evidence beyond a reasonable doubt.
'3. The evidence does not show the guilt of accused of the crime imputed to him beyond a reasonable doubt.'
The argument to support the first assignment of error is not very tangible. ”

“ Upon the first consideration of the case in the supreme court, no assignment of error based on the point was made. It was raised for the first time in what is styled, 'Exception to the Judgment, and Motion for a New Trial,' in which he excepted to the judgment rendered by the supreme court, and prayed that it be set aside and a new trial granted him. The reasons given were as follows:
'1. The defendant has been compelled to testify against himself, in violation of art. ”

“ Nothing seems to have been done with that motion, and subsequently it was repeated and denied on the ground 'that it was not a proper time to make such motion, as the court could not then decide on the admissibility of proofs which had not yet been offered in the cause.' An exception was entered. ”