Reports of Cases Decided in the Supreme Court of the State of Utah, volume 39
Reports of Cases Decided in the Supreme Court of the State of Utah, volume 39
Utah. Supreme Court
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Defendant: "I don't see what that has got to do with this case here." The court finally agreed with him, and sustained the ohjection. From this proceeding it would seem that when a witness is asked a question relating to incriminating acts, or calling Digitized by Google State v. Thobnb. 223 for evidence of an incriminating nature, separate and dis- tinct from those on trial and testified to by him, he, when he claims the privil^e, must also say he declines to answer on the ground that if he di...d answer his answer would incrimi- nate him. If the particular answer which he would make would incriminate him, he need not answer. If it would not, he must answer. That is, had the defendant been asked whether at a specified time and place he had not committed another murder or robbery, the court would inform him that if the answer which he might make would incriminate him he could decline to answer the question ; if it did not, he must answer it. If he declines to answer he must expressly state that he declines on the ground that if he did answer his an- swer would incriminate him.
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