BURRELL V. MONTANA, 194 U. S. 572 (1904)

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U.S. Supreme Court

Burrell v. Montana, 194 U.S. 572 (1904)

Burrell v. Montana

No. 218

Submitted April 13, 1904

Decided May 31, 1904

194 U.S. 572


A witness who voluntarily testifies cannot resist the effect of the testimony by claiming that he could not have been compelled to give it. The time to avail of a statutory protection is when the testimony is offered.

The provision in the Bankruptcy Act of July, 1898, requiring the bankrupt to testify before the referee, but providing that no testimony then given by him shall be offered in evidence against him in any criminal proceeding, does not amount to exemption from prosecution, nor does it deprive the evidence of its probative force after it has been admitted without objection in a criminal prosecution against the bankrupt in a state court.

The facts are stated in the opinion of the court.

Page 194 U. S. 575

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