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" Wheti a question Is propounded, it belongs to the Court to consider and to decide, whether any direct answer to it, can implicate the witness. If this be 'decided in the negative^ then he may answer it, without violating the privilege which is secured... "
The Trial of Col. Aaron Burr on an Indictment for Treason: Before the ... - Página 43
por Aaron Burr, T. Carpenter - 1807 - 418 páginas
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A Treatise on the Civil Jurisdiction of a Justice of the Peace, in the State ...

Esek Cowen - 1821 - 804 páginas
...the questions went to connect the witness with the bill, and they might form links in a chain. " When a question is propounded, it belongs to the court to consider and decide, whether any direct answer to it can implicate the witness. If this be decided in the negative,...
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A Treatise on the Civil Jurisdiction of Justices of the Peace in the ..., Parte2

Esek Cowen - 1841 - 698 páginas
...the questions went to connect the witness with the bill, and they might form links in a chain. " When a question is propounded, it belongs to the court to consider and decide, whether any direct answer to it can implicate the witness. If this be decided in the negative,...
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Cases Argued and Adjudged in the Supreme Court of the United States, Volumen244

United States. Supreme Court - 1917 - 780 páginas
...rule,, by observing that course which it is conceived courts have generally observed. It is this: When a question is propounded, it belongs to the court...can implicate the witness. If this be decided in the 244 US Opinion of the Court. negative, then he may answer it without violating the privilege which...
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Reports of Cases Argued and Determined in the Supreme Court of Ohio, Volumen10

Ohio. Supreme Court - 1873 - 518 páginas
...laid down by Chief Justice Marshall, in *the United States v. Burr, 1 Rob. 215. When a question [337 is propounded, it belongs to the court to consider...direct answer to it can implicate the witness. If this is answered in the negative, then he may answer it without violating the privilege which is secured...
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Reports of Cases Argued and Determined in the Surrogates' Courts ..., Volumen5

Amasa Angell Redfield - 1882 - 740 páginas
...every witness is privileged not to accuse himself, can neither of them be entirely disregarded. When a question is propounded, it belongs to the court to consider and decide whether any direct answer to it can implicate the witness." The chief justice then refers to...
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Arkansas Reports: Cases Determined in the Supreme Court of the ..., Volumen78

Arkansas. Supreme Court - 1907 - 662 páginas
...MARSH ALT, said that the rule which, it is conceived, courts have generally observed, is this : "When a question is propounded, it belongs to the court...and to decide whether any direct answer to it can ::TIplicate the witness. If this be decided in the negative, then he may answer it without violating...
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A Treatise on the System of Evidence in Trials at Common Law ..., Volumen4

John Henry Wigmore - 1905 - 922 páginas
...by observing that course which, it is conceived, Courts have generally observed : it is this : When a question is propounded, it belongs to the Court to consider and decide whether any direct answer to it can implicate the witness ; if this be decided in the negative,...
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Lawyers' Reports Annotated, Libro 24

1910 - 1412 páginas
...that effect. Marshall, J., discussing this point in the prosecution against Aaron Burr said : "When a question is propounded it belongs to the court to...violating the privilege which is secured to him by law. If л direct answer to it may criminate himself, then he must be the sole judge what his answer would...
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Alabama Law Journal, Volumen4

1928 - 374 páginas
...of Aaron Burr, 1 Burr's Trial, 190, 193, quoted in Brown vs. Walker, 161 US 591, 16 S. Ct. 644, when a question is propounded it belongs to the court to...this be decided in the negative, then he may answer without violating the privilege which is secured to him by law. If a direct answer to it may incriminate...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volumen349

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1955 - 674 páginas
...See also Chief Justice Marshall in United States v. Burr, 25 Fed. Cas. 38, at 40, No. 14,692e: "When a question is propounded, it belongs to the court...any direct answer to it can implicate the witness." The cases, both federal and state, are collected in Wigmore, Evidence, § 2271. See, eg, Carlson v....
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