Stewart v. United States, 366 U.S. 1 (1961), was a United States Supreme Court case in which the Court held that asking a criminal defendant whether he had testified in previous trials violated his Fifth Amendment rights.

[1] Willie Lee Stewart had already been tried twice for murder and had not testified in either trial.

During his cross-examination, the prosecutor asked, "This is the first time you have gone on the stand, isn't it, Willie?

Relying on that provision, the Court held that the prosecutor's question was unduly prejudicial and unconstitutional.

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