Under constitutional provisions of the several states as well as the federal government, no person shall be compelled in any criminal case to give evidence against himself or be twice put in jeopardy for the same offense.60

53 State vs. Baldwin, 36 Kan., 1.

44 Phelps vs. Com., 17 Ky. L 706; People vs. Strait, 148 N. Y., 566; Henderson vs. State, 111 Ga., 178; State vs. Pennyman, 68 Iowa, 212.

55 Morgan vs. State, 61 Ind., 447; Bromley vs. People, 150 Ill., 302.

56 Brown vs. People, 66 Ill., 346;

Com. vs. Warren, 143 Mass., 568; Miller vs. People, 39 Ill., 463; Gahan vs. People, 58 Ill., 160; Little vs. People, 157 Ill., 156; Hix vs. People, 157 Ill., 384.

57 Syker vs. People, 132 El., 32.

58 1 Greenl. Ev., Sec. 65; Turner vs. State, 3 Heisk (Tenn.), 452.

59 Bromley vs. People, 150 El., 297.

These provisions do not render the accused incompetent as a witness in his own behalf; but by the common law he is not a competent witness in his own case where he is the sole defendant, although he may under some circumstances become a witness for a co-defendant on a joint indictment.61

But statutes generally exist removing the common law disability, so that the defendant may become a witness in his own behalf if he desires to do so, but he can not be compelled to testify. And by the common law persons convicted of infamous crimes are rendered incompetent as witnesses and excluded, but not so unless the conviction is followed by judgment.62