Minters v. People

Citations

• 139 Ill. 363
• 29 N.E. 45
• 1891 Ill. LEXIS 1222

Syllabus

<p>1. Witness—not bound to criminate- himself. A witness is not bound ' to criminate himself, or to give testimony that may tend to subject him to criminal or penal liability, or which may furnish a link in the chain of evidence of his amenability to a conviction.</p> <p>2. Same—evidence lending to criminate. A witness before the grand jury, after stating that he knew of persons playing with cards for money in the county within the last eighteen months, was asked, “Who did you see playing?” which question he refused to answer, on the ground he could not do so without giving evidence tending to criminate himself, and he was fined for contempt of court in refusing to answer the question: Held, that the court erred in fining the witness for refusing to answer the question.</p> <p>3. A party to a game at cards will not be-obliged to give the names of others playing in the same game, as it will tend to furnish proof of his criminal participation.</p> <p>4. Same—whether evidence tends to criminate—question for the court. It is the province of the court to judge whether any direct answer to a question will furnish evidence against the witness. If such answer may disclose a fact which forms an essential link in the chain of testimony which will be sufficient to convict him of crime, he is not bound to answer it.</p>