McFadden v. Reynolds
Supreme Court of Pennsylvania
October Term, 1887, No. 115, W. D., before Gordon, Oh. J., .Paxson, Sterrett, Green, and Williams, J7T. Error to the Common Pleas No. 1 of Allegheny County to review a judgment for plaintiff in an action for a breach of promise of marriage. The defense was that plaintiff was an unchaste woman, both before and after the alleged promise of marriage.
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October Term, 1887, No. 115, W. D., before Gordon, Oh. J., .Paxson, Sterrett, Green, and Williams, J7T. Error to the Common Pleas No. 1 of Allegheny County to review a judgment for plaintiff in an action for a breach of promise of marriage. The defense was that plaintiff was an unchaste woman, both before and after the alleged promise of marriage. On the trial John McConwell a witness for defendant was asked whether he had not had carnal knowledge of plaintiff on a certain day more than two years previous. He declined to answer and the court refused to compel him to do so. Exception. (First…
1Opinion of the Court
Opinion by
Mr. Justice Green:
We are not prepared to hold that where a witness is asked upon the stand to say whether he has committed a crime, he shall be compelled to do so simply because he may, if a prosecution for that crime is subsequently instituted against him, plead the statute of limitations in defense. It seems to us he is protected against criminating himself even to a prosecution. Were he compelled to answer the question as a witness his answer would be sufficient, when testified to by others who heard it, to lay before a magistrate who could commit him to prison to answer the…
2Cases cited1 opinion
- Baldy v. StrattonSupreme Court of Pennsylvania · 1849
3Cited by6 opinions
- Alfortish v. PailetLouisiana Court of Appeal · 1920
- Automobile Banking Corp. v. Hadden, Pennsylvania Court of Common Pleas, Chester County1966
- Huyett v. Reading, Pennsylvania Court of Common Pleas, Berks County1964
- In re Wilson, Elser, Moskowitz, Edleman & Dicker LLP, Pennsylvania Court of Common Pleas, Alleghany County2001
- Siviglia v. SivigliaDistrict Court, E.D. Pennsylvania · 1991
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