Legal Opinion

Samuel v. People

Illinois Supreme Court

Decided November 10, 1896PublishedCited by 36 opinions

Writ of Error to the Appellate Court for the Third District;—heard in that court on writ of error to the County Court of DeWitt county; the Hon. George K. Ingham, Judge, presiding.

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Writ of Error to the Appellate Court for the Third District;—heard in that court on writ of error to the County Court of DeWitt county; the Hon. George K. Ingham, Judge, presiding. This was a proceeding under an information by the State’s attorney against the defendant, filed in the county court on the 14th day of December, 1894, containing six counts, charging the defendant with gaming, keeping a gaming house, and in the first count of said information that he “did permit persons unlawfully to come together and play at a game with cards, and sport for money and other valuable things, to-wit,…

1Opinion of the CourtChief Justice Magruder

Two questions are presented for our consideration by this record. First—Where a witness, in a criminal prosecution, claims his privilege of refusing to answer a question upon the ground that the answer will criminate hjm or expose him to a penal liability, is the court justified in disallowing such claim, if it appears that the witness has previously made an affidavit, endorsed upon the back of the information filed by the district attorney, stating that the matters and things set out in the information are true. It is contended in this case, that the witness, claiming the privilege, caused…

2Cases cited7 opinions

  1. Temple v. CommonwealthSupreme Court of Virginia · 1881
  2. Long v. PeopleIllinois Supreme Court · 1890
  3. Mackin v. PeopleIllinois Supreme Court · 1885
  4. People v. FreshourCalifornia Supreme Court · 1880
  5. Town of Norfolk v. GaylordSupreme Court of Connecticut · 1859

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3Cited by36 opinions

  1. United States v. Gondolfo Miranti, United States of America v. Domenico BandoCourt of Appeals for the Second Circuit · 1958
  2. United States v. St. PierreCourt of Appeals for the Second Circuit · 1942
  3. In Re NeffCourt of Appeals for the Third Circuit · 1953
  4. Miskimmins v. ShaverWyoming Supreme Court · 1899
  5. State v. DavisSupreme Court of Louisiana · 1945

31 more not listed; retrieve them via the Exa API.

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