tesitmony of an interested party

Paul Finkelman paul-finkelman at utulsa.edu
Tue Jan 3 20:34:46 PST 2006


I have what I hope is a fairly straightforward question.  Can anyone 
tell me whether the common law or state statutory bans on  tesitmony of 
a party in interest applied to criminal cases.  I know in the 19th 
century it applied to civil litigation.  It might also be used in a 
criminal case against a third party witness. The example I know of is 
from a Tennessee case in which a master who wanted to testify in favor 
of his slave.  The proseuction objected on the grounds that the master 
was an interested party because if the slave was executed the master 
would lose the value of the slave.  The Court allowed the master to 
testify.

But, could a defendant in a criminal case be prohibited from testifying 
in his own behalf, on the grounds that he was a party in interest.  That 
is, if you wanted to testify on your own behalf in a criminal case, did 
the law prevent you from doing so? 

Off list answers are fine.  Thanks in advance.

-- 
Paul Finkelman
Chapman Distinguished Professor of Law
University of Tulsa College of Law
3120 East 4th Place
Tulsa, OK  74105

918-631-3706 (voice)		
918-631-2194 (fax)

Paul-Finkelman at utulsa.edu




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