 | United States. Supreme Court - Law reports, digests, etc - 1911 - 760 pages
...court to ", be witness against himself is a prohibition * of the use of physical or moral'compulsion to extort communications from him, not an exclusion of his body as evidence when it may be material. The objection in principle would forbid a jury to look at a prisoner and compare his features with... | |
 | Albert Bushnell Hart - Almanacs, American - 1912 - 996 pages
...1910). The prohibition of the Fifth Amendment against compelling a man in a criminal court to be a witness against himself is a prohibition of the use...exclusion of his body as evidence when it may be material. Hence, the testimony of a witness that the accused put on a blouse and it fitted him is admissible,... | |
 | New York (State). Courts - Law reports, digests, etc - 1917 - 876 pages
...duress that made his statements inadmissible, and that it should be excluded for the same reasons. But the prohibition of compelling a man in a criminal...exclusion of his body as evidence when it may be material. The objection in principle would forbid a jury to look at a prisoner and compare his features with... | |
 | Hannis Taylor - Administrative law - 1917 - 1038 pages
...be excluded for the same reason. But the prohibition of compelling a man in a criminal court to be a witness against himself is a prohibition of the use...exclusion of his body as evidence when it may be material. The objection in principle would forbid a jury to look at a prisoner and compare his features with... | |
 | United States - Law - 1918 - 1138 pages
...US, (1910) 218 US 245, 31 S. Ct. 2, 54 US (L. ed.) 1021, 20 Ann. Cas. 1235, the court saying: "But the prohibition of compelling a man in a criminal...an exclusion of his body as evidence when it may be materiajl. The objection in principle would forbid a jury to look at a prisoner and compare his features... | |
 | Elijah Nathaniel Zoline - Criminal law - 1921 - 650 pages
...of the use of physical or moral compulsion to extort communications from him; it is not extended to an exclusion of his body as evidence when it may be material, for such an objection, in principle, would forbid a jury to look at a prisoner and compare his features... | |
 | Medical jurisprudence - 1922 - 406 pages
...373, 395, 9 Atl. 78, 81 (1886). 20 "The prohibition of compelling a man in a criminal court to be a witness against himself is a prohibition ,of the use...his body as evidence when it may be material."— Per Holmes, J., in Holt v. United States, 218 U S. 245, 252 (1910). See 3 Wigmore, Evidence, §§ 2263,... | |
 | Austin Abbott - Evidence (Law) - 1922 - 1240 pages
...to the trial court's discretion.7 The privilege of a man against self-incrimination does not act as "an exclusion of his body as evidence when it may be material," 8 nor does it exclude evidence as to his shoes or clothing.9 Where self-incriminating testimony is... | |
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But the prohibition of compelling a man in a criminal court to be witness against himself is a prohibition of the use of physical or moral compulsion to extort communications from him, not an exclusion of his body as evidence when it may be material. 
