Smith v. . Smith
Supreme Court of North Carolina
ActioN for absolute divorce, tried before Winston, J., and a jury, at June Term, 1894, of Dueham Superior Court. The jury found for their verdict that the plaintiff and defendant were never married, and the other issues were not responded to.
Read the full summary
ActioN for absolute divorce, tried before Winston, J., and a jury, at June Term, 1894, of Dueham Superior Court. The jury found for their verdict that the plaintiff and defendant were never married, and the other issues were not responded to. Plaintiff appealed, from the refusal of his motion for a new trial, assigning, as error, among other things, His Honor’s refusal to compel a witness to answer a question propounded to him, which is set out in the opinion of the Chief Justice:
1Opinion of the Court
Faieoloth, C. J.:
On the trial a witness for the plaintiff was asked, “Did you ever have criminal connection with the defendant, if so when was the first time ?” and other questions of a like tendency. The witness declined to answer stating that his answer would tend to criminate him. His Honor found as a fact that an affirmative answer would tend to criminate the witness and declined to compel him to answer, and the plaintiff excepted.
The Constitution of the United States, fifth amendment, declares that “No person shall be compelled in any criminal case to be a witness against himself.” The…
2Cases cited1 opinion
- Counselman v. HitchcockSupreme Court of the United States · 1892
3Cited by14 opinions
- People Ex Rel. Lewisohn v. . O'BrienNew York Court of Appeals · 1903
- State v. . MedleySupreme Court of North Carolina · 1919
- State v. SingletonCourt of Appeals of North Carolina · 1987
- Johnson County National Bank & Trust Co. v. GraingerCourt of Appeals of North Carolina · 1979
- State v. McDanielSupreme Court of North Carolina · 1968
9 more not listed; retrieve them via the Exa API.