FERGUSON v. GEORGIA

No. 44.

365 U.S. 570 (1961)

FERGUSON v. GEORGIA.

Supreme Court of United States.

Decided March 27, 1961.


Attorney(s) appearing for the Case

Paul James Maxwell argued the cause and filed a brief for appellant.

Dan Winn, Solicitor General of Georgia, argued the cause for appellee. With him on the brief were Eugene Cook, Attorney General, John T. Ferguson, Deputy Assistant Attorney General, John T. Perrin, Assistant Solicitor General, and Robert J. Noland.


MR. JUSTICE BRENNAN delivered the opinion of the Court.

The State of Georgia is the only State—indeed, apparently the only jurisdiction in the common-law world—to retain the common-law rule that a person charged with a criminal offense is incompetent to testify under oath in his own behalf at his trial. Georgia in 1866 abolished by statute the common-law rules of incompetency for most other persons. However, the statute, now Georgia Code § 38-416...

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