In re Briggs
Supreme Court of North Carolina
IN the matter of R. G. Briggs, heard by Judge Frederick Moore, at September Term, 1903, of the Superior Court of WilsoN County. This is an appeal from a judgment for contempt from Moore, J., at February Term, 1904, Wilson Superior Court. In the case of State v. George Morgan, who-was'indicted for keeping a gaming house, with a second count for playing cards for money in violation of chapter 29, Laws 1891, E. G. Briggs was sworn as a witness for the State.
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IN the matter of R. G. Briggs, heard by Judge Frederick Moore, at September Term, 1903, of the Superior Court of WilsoN County. This is an appeal from a judgment for contempt from Moore, J., at February Term, 1904, Wilson Superior Court. In the case of State v. George Morgan, who-was'indicted for keeping a gaming house, with a second count for playing cards for money in violation of chapter 29, Laws 1891, E. G. Briggs was sworn as a witness for the State. The Solicitor asked the witness: “1. Have you been in the defendant’s room on the west side of Goldsboro street, in Wilson, N. 0., within…
1Opinion of the Court
ClaRK, O. J.
Section 648 of The Code provides that “any person guilty of any of the following acts may be punished for contempt: 6. The contumacious and unlawful refu*120sal of any person to be sworn as a witness, or, when so sworn, the like refusal to answer any legal and proper interrogatory.”
The fourth question was, “Hare you within the last two years seen a game of cards played in the defendant’s room for money or other thing of value in which you did participate?” As already stated, the witness declined to answer, on the ground that his reply would tend to criminate him. The Court being of…
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