Ellison v. State

MOYLAN, Judge.

The appellant, Clinton W. Ellison, was convicted by a Baltimore City jury, presided over by Judge Joseph I. Pines, of murder in the first degree and robbery. In an otherwise garden-variety appeal, one issue stands out.

The Public Has a Right to Every Man’s Evidence

To place the issue, one involving the privilege against compelled testimonial self-incrimination, in its proper framework, we begin with the universally recognized principle enunciated by Lord Chancellor Hardwicke in 1742 that “the public has a right to every man’s evidence.” 1 Kastigar v. United States, 406 U.S. 441,…