¶1On motion for rehearing. After the foregoing opinion was filed the defendant moved for rehearing upon the ground that the opinion failed to consider an exception allowed to the mother and natural guardian of the minor child. The exception was to a ruling which sustained objection to presentation by the mother, on behalf of the minor, of a claim of a privilege under Art. 15th, Part I, of the New Hampshire Constitution not to give testimony which might tend to incriminate the witness.
¶2Blandin, J. The law is well settled that a “witness is no legal party to the prosecution” (State v. Flynn, 36 N. H. 64, 69) and has no right which may be determined on review in the criminal action. “The only matter which a court of criminal appeals can review is whether error was committed against the accused, and, if so, whether the error was prejudicial.” 3 Am. Jur. 414. See also, Hadlock, Petitioner, 142 Me. 116; 4 C. J. S. 543. If there was any violation of the witness’ rights, protection may be afforded her should her testimony be offered against her. See 58 Am. Jur. 54, Witnesses, s. 55. Her rights must be adjudicated in other proceedings. Id., p. 72. See Beauvoir v. State, 148 Ala. 643, 653.
¶3Motion denied.
¶4December 31, 1957.