State ex rel. Hudson v. Webber

I agree with the majority opinion in all respects except as to the last question (listed as No. 9 in the majority opinion), which was put to the witness. With respect to that one question, in my view, the witness has not shown an adequate basis for a privilege against testifying.

The Missouri cases have utilized two different tests in determining whether a witness is entitled to the privilege against self-incrimination. Some of the cases declare that if a question submitted to a witness is innocuous on its face, then the witness must assume the burden of proving why that question would tend to…