WITNESSES-IMMUNITY FROM SELF-INCRIMINATION-STATUTE REQUIRING TESTIMONY THAT WOULD SUBJECT WITNESS TO A PENALTY

Authors

Abstract

Acts 1921, No. 203 of Vermont required a disclosure from all persons convicted of intoxication as to the persons from whom the liquor was obtained. The petitioner was convicted of intoxication and on his refusal to disclose the person from whom he obtained the liquor was adjudged to be in contempt and committed to jail. Held, petitioner was in unlawful restraint and should be discharged, as the law requiring the disclosure was unconstitutional, article ten of the state constitution providing that no person could be compelled to give evidence against himself. In the light of Acts 1921, No. 204 providing a penalty for the making, importing, transporting or possessing intoxicating liquor, the petitioner could not disclose the facts required without the danger of making out his own violation of that act. In re Dewar (Vt. 1930) 148 Atl. 489.

Recommended Citation

WITNESSES-IMMUNITY FROM SELF-INCRIMINATION-STATUTE REQUIRING TESTIMONY THAT WOULD SUBJECT WITNESS TO A PENALTY, 29 Mich. L. Rev. 126 (1930).
Available at: https://repository.law.umich.edu/mlr/vol29/iss1/34