Kirschner v. State
Wisconsin Supreme Court
ERROR TO CXRCUIT COURT, BADAX COUNTY. This was an indictment against the plaintiff in error, found by the grand jury of the county of La Crosse, at the March term, 1858, for larceny in stealing a large quantity of jewelry, watches and money, in July, 1857. In the first count one Albert Mallow was also charged with the plaintiff in error as principal, and in the second count Mallow and his wife are charged with the plaintiff as feloneous receivers of the same goods; and in…
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ERROR TO CXRCUIT COURT, BADAX COUNTY. This was an indictment against the plaintiff in error, found by the grand jury of the county of La Crosse, at the March term, 1858, for larceny in stealing a large quantity of jewelry, watches and money, in July, 1857. In the first count one Albert Mallow was also charged with the plaintiff in error as principal, and in the second count Mallow and his wife are charged with the plaintiff as feloneous receivers of the same goods; and in the third count they are all charged with a feloneous concealment of the same, goods. On the application of the defendant…
1Opinion of the Court
By the Court,
Dixon, C. J.
We are of opinion that the circuit court erred in not permitting the first four questions put to the witness Reisner, on his cross-examination to be answered by him. It appears from the record that the counsel for the state objected to these questions, and that the court instructed the witness that “ he need not answer them, unless he chose to, if his answers would tend to expose him to a criminal charge.” Under this instruction of the court the witness refused to answer, and the defendant excepted. We think the court must have misapprehended the nature and *143tendency…
2Cited by24 opinions
- Alford v. United StatesSupreme Court of the United States · 1931
- State v. KentNorth Dakota Supreme Court · 1896
- Paulson v. StateWisconsin Supreme Court · 1903
- Ex parte SeniorSupreme Court of Florida · 1896
- Ingalls v. StateWisconsin Supreme Court · 1880
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