Town of Norfolk v. Gaylord
Supreme Court of Connecticut
Bastardy suit. On the trial to the jury the plaintiff introduced the testimony of Olive J. Dowd, the mother , of the child, who testified that the child was born on tb : first day of August, 1856, and that the defendant was t' father; that he had criminal connection with her on the 23rd day of October, 1855 and on the 1st and 29th days of November following, in different places specified by her.
Read the full summary
Bastardy suit. On the trial to the jury the plaintiff introduced the testimony of Olive J. Dowd, the mother , of the child, who testified that the child was born on tb : first day of August, 1856, and that the defendant was t' father; that he had criminal connection with her on the 23rd day of October, 1855 and on the 1st and 29th days of November following, in different places specified by her. The defendant thereupon offered himself as a witness, and testified that he had no illicit intercourse with the said Olive between the 1st of August and the 30th of December, 1855. The plaintiffs’…
1Opinion of the CourtSanford, J.
A witness is not to be compelled to testify to any matter, when his testimony may expose him to a criminal charge br penal liability. But if he voluntarily testifies in chief, he waives his privilege, and must submit to the consequent cross-examination, however penal in their consequences his answers may become. 1 Greenl Ev., 451. 1 C. & H., Notes to Phill. Ev., (1st Ed.,) 735. 3 Stark. Ev., 1741. The reason of the rule and its limitation is too obvious to *313require elucidation. The same rule is applicable to a witness who is also a party to the suit.
In this case the defendant volunteered to…
2Cited by20 opinions
- Ex parte SeniorSupreme Court of Florida · 1896
- Commonwealth v. NicholsMassachusetts Supreme Judicial Court · 1873
- Scribner v. StateCourt of Criminal Appeals of Oklahoma · 1913
- State v. ClintonSupreme Court of Missouri · 1878
- Samuel v. PeopleIllinois Supreme Court · 1896
15 more not listed; retrieve them via the Exa API.