Cheesum v. State

pBRKINSj j.

phis was an indictment charging the defendants with betting on a horserace. Plea, not guilty; trial, conviction, and assessment of a fine, by the Court.

On the trial, Benjamin C. Lowe, the person with whom the defendants are alleged in the indictment to have made the bet for which they were prosecuted, was introduced as a witness on the part of the state, and refused to testify on the ground that by so doing he would criminate himself, but the Court compelled him to give evidence in the cause.

To this ruling of the Court the defendants excepted, and assign it for error.

The decision…