Brown v. State

Citations

• 108 Miss. 46
• 66 So. 288

Syllabus

<p>1. Witnesses. Privilege. Right to claim. Waiver.</p> <p>A witness may waive his privilege and answer questions which the law would not otherwise compel him to answer. This privilege is personal to the witness as such and can he insisted upon as a right by him alone.</p> <p>2. Same.</p> <p>When two parties were jointly indicted and a severance had, it was error, when accused, on trial, called his co-defendant as a witness, for the court to sustain an objection to his testifying made by his counsel alone. It was the duty of the court to have informed the witness of his privilege, and left it to the witness alone to waive or claim this protection afforded him by the Constitution.</p>