 | 1897 - 1194 σελίδες
...this ground to refuse to answer. The question is for the discretion of the judge, and, in er.ercising this discretion, he must be governed as much by his...of the case as by the facts actually in evidence. Hut, in any view, the danger to be apprehended must be real, with reference to the probable operation... | |
 | Abraham Clark Freeman - 1899 - 1036 σελίδες
...be seen, is not the exclusive judge as to whether he is entitled on this ground to refuse to answer. The question is for the discretion of the judge, and,...must be governed as much by his personal perception cf the peculiarities of the case as by the facts actually in evidence. But, in any view, the danger... | |
 | Abraham Clark Freeman - 1907 - 1128 σελίδες
...become a part of a supposable concatenation of incidents from which criminality of some kind might be inferred. To protect the witness from answering, it...operation of law in the ordinary course of things, and net merely speculative, having reference to some remote and unlikely contingency." Tested by this rule,... | |
 | Charles Shirley Potts - 1921 - 282 σελίδες
...be seen, is not the exclusive judge as to whether he is entitled on this ground to refuse to answer. The question is for the discretion of the judge, and,...operation of law in the ordinary course of things, and n9t merely speculative, having reference to some remote and unlikely contingency." * * * It is contended... | |
 | 1882 - 578 σελίδες
...is the province of the court to determine whether a direct answer to the question may criminate." " The question is for the discretion of the judge and...exercising this discretion he must be governed as such by his personal conception of the peculiarities of the case as by the facts actually in evidence.... | |
 | United States. Congress. Senate. Committee on the Judiciary - 1952 - 724 σελίδες
...might be dangerous because injurious disclosure could result. The trial judge In appraising the claim 'must be governed as much by his personal perception...peculiarities of the case as by the facts actually In existence.' " The Interest of Congress In the enactment of legislation to put the two Housesand their... | |
 | United States. Congress. Senate. Committee on the Judiciary - 1952 - 1446 σελίδες
...because injurious disclosure could result. The trial judge in appraising the claim 'must be governed a« much by his personal perception of the peculiarities of the case as by the facts actually in existence.' " The Interest of Congress in the enactment of legislation to put the two Houses and their... | |
 | Wyoming. Supreme Court - 1901 - 642 σελίδες
...witness is not the exclusive judge as to whether ho is entitled on this ground to refuse to answer. The question is for the discretion of the judge, and...of the case as by the facts actually in evidence. (Wharton's Criin. Ev. (9th ed.), Sec. 466, and note, p. 466; State v. Duffy, 15 Ia., 425; US v. Miller,... | |
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... be evident from the implications of the question, in the setting in which it is asked, that a responsive answer to the question or an explanation of why it cannot be answered might be dangerous because injurious disclosure could result. The trial... 
