43 Iowa 651 | Iowa | 1876
The original and amended abstract, taken together, show that the evidence was reduced to writing during the trial, and that the several rulings of the court touching the admission or exclusion of evidence, objected to by defendant, were also reduced to writing during such trial and exceptions thereto noted. The judge certifies at the conclusion of the testimony and the rulings and exceptions, as follows: “ I hereby eertify the foregoing to be all the evidence offered and received on
The certificate of the judge sufficiently shows the several rulings made during the trial as to the admission or exclusion of evidence, and that the same were duly excepted to. Such paper, so certified, constitutes a bill of exceptions sufficient for the purpose of showing the several rulings made. The objection is not, therefore, well taken.
On'cross-examination the fact is disclosed that other persons were present at the time defendant had the conversation with the witness, in which he admitted the larceny; whereupon the witness was asked who were the parties so present. To which he replied that he did not want to give any evidence against any person except defendant. . He was again asked who was present besides defendant and himself. Thereupon the witness declined to answer the question, on the ground that the answer would render him criminally liable. Afterward, during the cross-examination, the witness was asked “who were the other parties present in the room, besides yourself and defendant, when he told you he got the wheat?” This question the witness also declined to answer, on the ground the answer would tend to criminate him. The court ruled that the witness was not bound to answer the questions aforesaid and the defendant excepted thereto.
The rule that a witness is not bound to criminate himself is well established, and it is equally well established that a witT
In the case at bar the witness freely and voluntarily testified that the defendant, in a conversation at which several persons were present, admitted the lareency, he thus waived his privilege, and should have been compelled to state who such persons were. It was quite important that he should have done so, to the end that defendant could call such persons as witnesses, and thus, if he could, contradict the story told by the witness. The questions propounded on cross-examination were proper, and the court erred in ruling the witness was privileged from answering them.
The judgment of the District must be
Beveksed.