People v. Maloy

We are unable to agree *529with, the conclusion reached by Justice Moore in this case. From the record it appears that the admissions, or incriminating statements received in evidence, were made in the divorce case, after the respondent had been, by the court, sufficiently informed of his right to claim his constitutional privilege, and were, we think, voluntary. The fact that they were made under oath, and in another case, is no ground for their rejection. They were competent as substantive evidence, and their weight was for the jury. Underhill on Criminal Evidence (2d Ed.), p. 254, § 131; 12…