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TO CRIMINATE (bouvier) | TO CRIMINATE. To accuse of a crime; to admit having committed a crime or
misdemeanor.
2. It is a rule, that a witness cannot be compelled to answer any
question which has a tendency to expose him to a penalty, or to any kind of
punishment, or to a criminal charge. 3 Bouv. Inst. n. 3209-12; 4 St. Tr. 6;
10 How. St. Tr. 1096; 6 St. Tr. 649; 16 How. St. Tr. 1149; 2 Dougl. R. 593;
2 Ld. Raym. 1088; 24 How. St. Tr. 720; 16 Ves. jr. 242; 2 Swanst. Ch. R.
216; 1 Cranch. R. 144; 2 Yerg. R. 110 5 Day, Rep. 260; I Carr., & Payne, 11
2 Nott & M'C. 13; 6 Cowen, Rep. 254; 2 Peak. N. P. C. 106; 1 John. R. 498;
12 S. & R. 284; 8 Wend. 598.
3. An accomplice, admitted to give evidence against his associates in
guilt, is bound to make a full and fair confession of the whole truth
respecting the subject-matter of the prosecution; but he is not bound to
answer with respect to his share in other offences, in which he was not
concerned with the prisoner. 9 Cowen, R. 721, note (a); 2 Carr. & Payne,
411. Vide Disgrace,; Witness;
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