Low v. Mitchell
Supreme Judicial Court of Maine
Exceptions from the Middle District Court, Redington J.' presiding. The proceedings in this case, which were under the bastardy act, were in the complainant’s own name, and not by guardian or prochein ami.
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Exceptions from the Middle District Court, Redington J.' presiding. The proceedings in this case, which were under the bastardy act, were in the complainant’s own name, and not by guardian or prochein ami. The complaint and examination bore date of July 18, 1839, and alleged that the child was begotten on or about the 10th of Nov. 1838. The child was born Aug. 10, 1839. On the examination of the complainant at the trial, after she had stated that the respondent wras the father of the child, his counsel inquired of her whether she had had intercourse with any man, other than the respondent, by…
1Opinion of the Court
The opinion of the Court was drawn up by
Shepley J.
The rule, that a witness is not obliged to criminate himself is well established. It is contended however, that if the witness waives that privilege when testifying to one fact in the cause, he cannot claim it while testifying to any other fact material to the issue. If he consents to testify to one matter tending to criminate himself, he must testify fully in all respects relative to that matter so far as material to the issue. If he waives the privilege, he does so fully in relation to that act. But he does not thereby waive his privilege of…
2Cited by13 opinions
- United States v. St. PierreCourt of Appeals for the Second Circuit · 1942
- Scribner v. StateCourt of Criminal Appeals of Oklahoma · 1913
- State v. BrunetteNorth Dakota Supreme Court · 1914
- Thut v. GrantSupreme Judicial Court of Maine · 1971
- State Ex Rel. Doran v. DoranSupreme Court of Louisiana · 1949
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