Legal Opinion

Ex parte Boscowitz

Supreme Court of Alabama

Decided December 15, 1887PublishedCited by 19 opinions

Certiorari to Montgomery City Court. Hon. T. M. Arrington, Judge. ■ cited People v. Mather, 4 Wendell; Boles v. Slate, 46 Ala. 204; Campbell v. State, 23 Ala.; Clarice v. State. 78 Ala. 474; Calhoun v. Thompson, 56 Ala. 166; Woods v. Sta,te, 76 Ala. 35; Loclcet v. Slate, 63 Ala. 5; Marler v. Stale, 67 Ala. 55; 1 Greenl. Ev. § 451.

1Opinion of the CourtClopton, J.

Tbe petitioner was adjudged guilty óf a contempt, and ordered to be imprisoned, for refusing to answer a question propounded to him as a witness. His refusal was based on the ground, that his answer would tend to criminate, humiliate and degrade him. We may discard from consideration the ground that the tendency of the answer Avould be to humiliate and degrade. The privilege of refusing to answer is restricted to questions, answering which may tend to criminate the witness, or expose him to punishment. — Hall v. State, 40 Ala. 698. It is an established and universally accepted maxim of the…

2Cases cited5 opinions

  1. Hall v. StateSupreme Court of Alabama · 1867
  2. Calhoun v. ThompsonSupreme Court of Alabama · 1876
  3. Hall v. StateSupreme Court of Alabama · 1875
  4. French v. VennemanIndiana Supreme Court · 1860
  5. Ford v. State ex rel. HiltonIndiana Supreme Court · 1868

3Cited by19 opinions

  1. National Ass'n for the Advancement of Colored People v. Alabama Ex Rel. PattersonSupreme Court of the United States · 1958
  2. People Ex Rel. Taylor v. . ForbesNew York Court of Appeals · 1894
  3. Ex parte DickensSupreme Court of Alabama · 1909
  4. Ex parte SeniorSupreme Court of Florida · 1896
  5. In Re Adjudication of Contempt of MyersSuperior Court of Pennsylvania · 1924

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