BURRIS v. BURRIS

No. 209.

75 A.2d 514 (1950)

BURRIS v. BURRIS.

Superior Court of Delaware, New Castle.

September 14, 1950.


Attorney(s) appearing for the Case

Joseph H. Flanzer, of Wilmington, for the plaintiff.

Albert L. Simon, of Wilmington, for the defendant.


LAYTON, Judge.

The constitutional immunity against self-incrimination is fairly implanted in our system of jurisprudence but I see no reason to extend it beyond those reasonable limitations prescribed by the weight of the more modern authorities. Concededly, the older cases indicate a settled practice to advise a witness as to his privilege when the warning appeared needed, but the more modern decisions have somewhat modified the ancient rule. Wigmore in his treatise...

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