Ex parte Gauss
Supreme Court of Missouri
Habeas Corpus. Petitioner now seeks Ms discharge from said imprisonment, because he contends that section 23, article 2, of the Constitution of Missouri, which provides that no person shall be compelled to testify against Mm-self in a criminal case, was violated by the judgment of the court wMch directed his imprisonment.
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Habeas Corpus. Petitioner now seeks Ms discharge from said imprisonment, because he contends that section 23, article 2, of the Constitution of Missouri, which provides that no person shall be compelled to testify against Mm-self in a criminal case, was violated by the judgment of the court wMch directed his imprisonment. Said imprisonment is in violation of that part of the Fifth Amendment to the Constitution of the United States which says,'“Nor shall any person be compelled, in any criminal case, to be a witness against Mmself.” In State v. Young, 119' Mo. 495, the court says that the…
1Opinion of the CourtGantt, P. J.
The petitioner by this proceeding seeks to be discharged from imprisonment and the custody of the jailer of the city of St. Lonis. It appears from the record that the petitioner was committed for contempt by the circuit court of the city of St. Louis for refusing to answer certain questions propounded to him by the grand jury of said city on the 27th day of September, 1909. It appears that in August, 1909, petitioner was arrested for making a. wager on a horse, race, and on September 30, 1909, he was summoned before the grand jury of the city of St. Louis, and was asked the following…
2Cases cited4 opinions
- Counselman v. HitchcockSupreme Court of the United States · 1892
- State v. YoungSupreme Court of Missouri · 1894
- State ex rel. Attorney General v. Simmons Hardware Co.Supreme Court of Missouri · 1891
- Cullen v. CommonwealthSupreme Court of Virginia · 1873
3Cited by14 opinions
- State v. LewisSupreme Court of Missouri · 1918
- State Ex Rel. Lee v. CavanaughMissouri Court of Appeals · 1967
- State Ex Rel. Howard v. AllisonMissouri Court of Appeals · 1968
- Cantor v. SaitzMissouri Court of Appeals · 1978
- In Re DewarSupreme Court of Vermont · 1930
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