State v. Edwards
Supreme Court of South Carolina
This case was tried before Mr. Justice Nott, at Charleston, January Term, 1819. Defendant was indicted for sending a challenge, accepting a challenge, and fighting a duel. 'On the trial, three witnesses were called up, and the question was successively put to them, by the attorney general: “ Have you, at any time, heard the defendant acknowledge or admit, that he had sent a challenge to the late Mr. Dennis O’Driscoll, or accepted one from him, or fought a duel with him? The…
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This case was tried before Mr. Justice Nott, at Charleston, January Term, 1819. Defendant was indicted for sending a challenge, accepting a challenge, and fighting a duel. 'On the trial, three witnesses were called up, and the question was successively put to them, by the attorney general: “ Have you, at any time, heard the defendant acknowledge or admit, that he had sent a challenge to the late Mr. Dennis O’Driscoll, or accepted one from him, or fought a duel with him? The witnesses objected to answering this question, oil the ground that the answer would tend, to criminate themselves. It…
1Opinion of the Court
The opinion of the Court was delivered by
Colcock, J.
I presume no rule, on the subject of evidence, is better established than that a witness shall not be bound to criminate himself. The only difficulty arises in the application of the rule. It must be admitted, that if the question has a tendency to criminate the witness, according to the rule, he is not bound to answer. But it is said, the Court should decide this point, as to some questions. It is utterly impossible, that the Court can decide without possessing a full and complete knowledge of all the facts which it may be important for the…
2Cited by8 opinions
- Anderson v. StateCourt of Criminal Appeals of Oklahoma · 1912
- State v. LynnSupreme Court of South Carolina · 1922
- Hutchins v. StateMississippi Supreme Court · 1951
- State v. RogersSupreme Court of South Carolina · 1941
- In re Hearing before Joint Legislative Committee of House & Senate created by Joint Resolution No. 622Supreme Court of South Carolina · 1938
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