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STEWART v. UNITED STATES

No. 143.

366 U.S. 1 (1961)

STEWART v. UNITED STATES.

Supreme Court of United States.

Decided April 24, 1961.

Attorney(s) appearing for the Case

Edward L. Carey argued the cause for petitioner. With him on the brief were Robert L. Ackerly and Walter E. Gillcrist.

Carl W. Belcher argued the cause for the United States. On the brief were Solicitor General Rankin, Assistant Attorney General Wilkey, Wayne G. Barnett, Beatrice Rosenberg and Jerome M. Feit.

MR. JUSTICE BLACK delivered the opinion of the Court.

The Fifth Amendment to the United States Constitution provides in unequivocal terms that no person may "be compelled in any criminal case to be a witness against himself." To protect this right Congress has declared that the failure of a defendant to testify in his own defense "shall not create any presumption against him."1 Ordinarily, the effectuation...

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