Opinion · Superior Court of New Hampshire

State v. K.

4 N.H. 562

Type
Opinion
Court
Superior Court of New Hampshire
Jurisdiction
State
Date
1829-05-15
Topic
general

How later courts describe this case

  • explaining that once a witness waives his privilege with respect to “a particular fact in favor of the respondent, he will be bound, on his cross examination, to state all the circumstances relating to that fact”

Citator

UpLaw has not yet analyzed State v. K.. The absence of a flag is not a finding that it is good law.

Cited by
13 opinions
By the court.

The witness is not to be compelled to answer any question, if the answer will tend to expose him to a criminal charge. But if he state a particular fact in favor of the respondent, he will be bound, on his cross examination, to state all the circumstances relating to that fact, although in so doing he may expose himself to a criminal charge. We shall not compel the witness *564 to state that he knows the respondent to be innocent, if a full account of his knowledge on that subject will tend to furnish evidence against himself. But if he chooses to testify that fact, we shall permit the attorney'general to enquire how the witness knows that fact, and compel him to answer the question. It is clearly inadmissible, to permit a' witness to give a partial account of his knowledge of a transaction, suppressing all the circumstances, whether the evidence is to be used in favour of, or against, the state.

The witness was not examined.