 When a question is propounded, it belongs to the court to consider and to decide whether any direct answer to it can implicate the witness. If this be decided in the negative, then he may answer it without violating the privilege which is secured to him...  Michigan Reports: Cases Decided in the Supreme Court of Michigan - Page 717by Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Herschel Bouton Lazell, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, James M. Reasoner, Richard W. Cooper - 1907Full view - About this book
 | Joseph Gales - 1852 - 774 pages
...course which it is conceived courts have generally observed. It is this: When a question is propounded, it belongs to the court to consider and to decide...secured to him by law. If a direct answer to it may criminale himself, then he must be the sole judge what his answer would be. The court cannot participate... | |
 | United States. Supreme Court - 1917 - 780 pages
...course which it is conceived courts have generally observed. It is this: When a question is propounded, it belongs to the court to consider and to decide...can implicate the witness. If this be decided in the 244 US Opinion of the Court. negative, then he may answer it without violating the privilege which... | |
 | Ohio. Supreme Court - 1873 - 518 pages
...Chief Justice Marshall, in *the United States v. Burr, 1 Rob. 215. When a question [337 is propounded, it belongs to the court to consider and to decide...direct answer to it can implicate the witness. If this is answered in the negative, then he may answer it without violating the privilege which is secured... | |
 | 1899 - 1156 pages
...prosecution." In Burr's Trial. Judge Marshall, in stating the rule, said: "When a question is propounded, it belongs to the court to consider, and to decide...criminate himself, then he must be the sole judge what his answTer would be. The court cannot participate with him. in this judgment, because they cannot decide... | |
 | Arkansas. Supreme Court - 1907 - 662 pages
...rule which, it is conceived, courts have generally observed, is this : "When a question is propounded, it belongs to the court to consider and to decide whether any direct answer to it can ::TIplicate the witness. If this be decided in the negative, then he may answer it without violating... | |
 | 1910 - 1412 pages
...J., discussing this point in the prosecution against Aaron Burr said : "When a question is propounded it belongs to the court to consider and to decide...violating the privilege which is secured to him by law. If л direct answer to it may criminate himself, then he must be the sole judge what his answer would... | |
 | 1928 - 374 pages
...Trial, 190, 193, quoted in Brown vs. Walker, 161 US 591, 16 S. Ct. 644, when a question is propounded it belongs to the court to consider and to decide...this be decided in the negative, then he may answer without violating the privilege which is secured to him by law. If a direct answer to it may incriminate... | |
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1955 - 670 pages
...Marshall in United States v. Burr. 25 Fed. Cas. 38, at 40, No. 14,692e: "When a question is propounded, it belongs to the court to consider and to decide...any direct answer to it can implicate the witness." The cases, both federal and state, are collected in Wigmore, Evidence, § 2271. See, eg, Carlson v.... | |
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1955 - 674 pages
...Marshall in United States v. Burr, 25 Fed. Cas. 38, at 40, No. 14,692e: "When a question is propounded, it belongs to the court to consider and to decide...any direct answer to it can implicate the witness." The cases, both federal and state, are collected in Wigmore, Evidence, § 2271. See, eg, Carlson v.... | |
 | United States. Department of the Treasury - 1934 - 1212 pages
...and the underlined portion is the phraseology counsel failed to quote: When a question is propounded it belongs to the court to consider and to decide...violating the privilege which is secured to him by law. // a direct answer to it may criminate himself, then he must be the sole judge what his answer would... | |
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