State v. Jackson

Citations

• 83 Wash. 514
• 145 P. 470
• 1915 Wash. LEXIS 708

Syllabus

<p>Criminal Law — Trial—Misconduct of Prosecution — Incriminating Evidence — Demand for Production. Under the Federal and state constitutions providing that no person in any criminal case shall be compelled to be a witness against himself, a demand upon defendant, in the presence of court and jury, to produce documents which will tend to criminate him, invades the defendant's constitutional grant of immunity, and hence constitutes reversible error.</p> <p>Witnesses — Privilege—Rights of Accused — Conflict of Constitutional and Statutory Provisions. Although the rules of practice in civil cases, in the absence of a special statute, are made the rule of practice in criminal cases, such statutory rules cannot he given effect where their operation would contravene the constitutional guaranty for the protection of a defendant, on trial in a criminal case, that he shall not be compelled to be a witness against himself.</p> <p>Same — Self-Incrimination-—Waiver. Where the state has placed the accused under the imputation of guilt by demanding on the trial that he produce certain documents, the defendant does not waive objection to the violation of his constitutional guaranty against being compelled to be a witness against himself by subsequently taking the stand in his own behalf and testifying as to the matters inquired into; since placing him under the imputation of guilt forces him to take the stand and he is not a voluntary witness.</p> <p>Criminal Law — Trial—Misconduct of Judge — Comment on Evidence. It is misconduct constituting a comment on the evidence, within the prohibition of Const., art. 4, § 16, for a judge, in a criminal action, to so examine a witness essential to the defense as to suggest a doubt as to the integrity of the witness.</p> <p>Same — Appeal—Exceptions—Comment on Evidence. The action of the court in commenting on the facts in a criminal case, by so questioning a witness as to convey to a jury doubt as to her integrity, being an invasion of the co