Legal Opinion · Dissent

Ex Parte Joseph

Court of Criminal Appeals of Texas

Decided February 28, 1962No. 34330Published

1DissentMorrison, Judge

The majority concede that Article 521, supra, does not grant such immunity as would operate as a substitute for the privilege against self-incrimination guaranteed by Section 10 of Article I of our Constitution. The applicable portion of the act reads as follows:

“No testimony or statement given by such female during the trial for any such offense above named shall be used against her in any criminal prosecution.”

As will be seen from 12 T.L.R. 17, 41, most of the immunity statutes of this State have been construed except the one set forth above.

A similar statute was before the Supreme Court of…

2Cases cited18 opinions

  1. Counselman v. HitchcockSupreme Court of the United States · 1892
  2. Matter of DoyleNew York Court of Appeals · 1931
  3. Temple v. CommonwealthSupreme Court of Virginia · 1881
  4. Ex Parte MuncyCourt of Criminal Appeals of Texas · 1913
  5. Apodaca v. ViramontesNew Mexico Supreme Court · 1949

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