Brisk v. State

At the preliminary hearing, Brisk took the stand to testify the confession was not voluntary. His testimony was either not believed by the magistrate or was not deemed to constitute involuntariness.

After the judge allowed the confession in evidence, the district attorney asked Brisk whether or not he had actually committed the crime. Brisk claimed his right under the fifth amendment not to answer on the ground he might incriminate himself. The county court, however, instructed Brisk he was required to answer the question and in response he admitted he took the car. On the hearing on the…