Public-domain · open source
OpenJurist

4 N.H. 562

State v. K.

Superior Court of New Hampshire

Decided May 15, 1829

Superior Court of New Hampshire · decided 1829-05-15

K. was indicted for unlawfully breaking and entering a public burying place, and digging up and carrying away the body of a person, who had been there interred.

Good law ✅— No negative treatment on recordhow we know

Decided 1829-05-15

How this case has been cited

Cited by 73 later decisions (3 by the Supreme Court) — most recently April 2004 · most notably Brown v. Walker (1896), Coe v. Town of Errol (1886)

1 federal appellate · 66 state decisions — followed in 11 states

1301829183018401850186018701880189019001910192019301940195019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

By the court.

¶1The witness is not to be compelled to answer any question, if the answer will tend to expose him to a criminal charge. But if he state a particular fact in favor of the respondent, he will be bound, on his cross examination, to state all the circumstances relating to that fact, although in so doing he may expose himself to a criminal charge. We shall not compel the witness *564to state that he knows the respondent to be innocent, if a full account of his knowledge on that subject will tend to furnish evidence against himself. But if he chooses to testify that fact, we shall permit the attorney'general to enquire how the witness knows that fact, and compel him to answer the question. It is clearly inadmissible, to permit a' witness to give a partial account of his knowledge of a transaction, suppressing all the circumstances, whether the evidence is to be used in favour of, or against, the state.

¶2The witness was not examined.

/4/nh/562 · .json · Public domain