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PENDLETON V. UNITED STATES, 216 U. S. 305 (1910)

U.S. Supreme Court

Pendleton v. United States, 216 U.S. 305 (1910)

Pendleton v. United States

No. 53

Argued January 21, 1910

Decided February 21, 1910

216 U.S. 305


The retention by the prosecuting authorities, without using it on the trial, of a statement made by the accused does not amount to compelling him to be a witness against himself within the provisions of Chap. 5 of the Philippine Act of Congress of July 1, 1902, 32 Stat. 691.

The Supreme Court of the Philippine Islands tries a criminal case on the record de novo, and if it avoids an error which may have been committed by the Court of First Instance, the judgment will not be reversed by this Court on account of such error, and so held in this case in which the Court of First Instance took into consideration the fact that accused did not offer to testify on his own behalf, but the Supreme Court, on the accused's own appeal, declared that it did not take that fact into consideration, but rendered its decision on the proofs.

7 Phil. 457

The facts are stated in the opinion.

Page 216 U. S. 306

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