Mason v. United States, 244 U.S. 362 (1917)

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Mason v. United States

No. 604

Submitted April 11, 1917
Decided June 4, 1917
244 U.S. 362

ERROR TO THE DISTRICT COURT OF THE UNITED STATES

FOR THE DISTRICT OF ALASKA, SECOND DIVISION

Syllabus

The Fifth Amendment does not relieve a witness from answering merely on his own declaration or judgment that an answer might incriminate him; whether he must answer is determinable by the trial court in the exercise of its sound discretion, and unless there is reasonable ground, as distinct from a remote or speculative possibility, to apprehend that a direct answer may prove dangerous to the witness, his answer should be compelled.

In the absence of manifest error, the ruling of a trial judge upon a witness’ objection that an answer may incriminate him will not be reversed by this Court.

Affirmed.

The case is stated in the opinion.