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4 Del. 568

Short v. State

New York Court of General Session of the Peace · decided 1845-10-15

<p>In bastardy cases the general character of the prosecutrix for chastity may be inquired into.</p> <p>A question may be pul to a witness tending to criminate him, but he is not obliged to answer.</p>

Decided 1845-10-15

The Court

¶1said that this lqd to a question of some difficulty, which had been discussed in a case heretofore tried in this court; in which the decision was, that the question might be put to a witness whether he had had connection with the complainant, but that he was not bound to answer it; if he chose to protect himself under a claim of privilege. (4 T. Rep. 440; 1 M. & M. 108; Arch. Cr. Law 102; 1 Phill. Ev. 269, 223; Ros. Evid. 97.)

¶2The court also permitted questions to be put and answered, as to the general character of the prosecutrix for chastity.

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