State v. Ah Chuey
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Washoe County. The facts sufficiently appear in the opinion. I. The court erred in compelling defendant to exhibit the tattoo mark on bis arm to the jury. This was compelling bim to testify against himself. (Cons, of Nevada, sec. 8, 18; Comp. Laws, sec. 2305, 2306; U. S. Dig. 1st series, vol. XIV., p. 693, sec. 4630, 4643, 4659; Cooley’s Cons. Lim.
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Appeal from the District Court of the Second Judicial District, Washoe County. The facts sufficiently appear in the opinion. I. The court erred in compelling defendant to exhibit the tattoo mark on bis arm to the jury. This was compelling bim to testify against himself. (Cons, of Nevada, sec. 8, 18; Comp. Laws, sec. 2305, 2306; U. S. Dig. 1st series, vol. XIV., p. 693, sec. 4630, 4643, 4659; Cooley’s Cons. Lim. (1868), 305; State v. Jacobs, 5 Jones (N. C.), L. 259; lie* v. Worsenham, ILd. Bayra. B. 705; Reg. v. Mead, 2 Id. 927; Rece v. Shelly, 3 Term B. 142; 1 Green. Ev. sec. 451; Wliart, Cr.…
1Opinion of the Court
By the Court,
Hawley, J.
Tbe constitution of tbis state declares that no person shall be compelled, “in any criminal case, to be a witness against liimself.” (Art. 1, sec. $.)
On tbe trial of tbis case tbe court compelled tbe defendant, against bis objection, to exhibit bis arm so as to show certain tattoo marks tbereon to tbe jury (a witness having previously testified that such marks were upon tbe defendant’s arm). Was this compelling tbe defendant to be a witness against himself? What is meant by tbe constitutional clause above referred to ? Perhaps tbe best way of answering these questions…
2Cases cited5 opinions
- State v. . GrahamSupreme Court of North Carolina · 1876
- State v. . JohnsonSupreme Court of North Carolina · 1872
- State v. . GarrettSupreme Court of North Carolina · 1874
- State Ex Rel. Stubblefield v. WoodruffSupreme Court of North Carolina · 1872
- State v. TickelNevada Supreme Court · 1878
3Cited by47 opinions
- State v. HeightSupreme Court of Iowa · 1902
- People v. GoldensonCalifornia Supreme Court · 1888
- State v. CramOregon Supreme Court · 1945
- Buel v. StateWisconsin Supreme Court · 1899
- State v. BakerWest Virginia Supreme Court · 1889
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