In Re Burns

Barbara Ann Burns, a minor, was adjudged to be in contempt of court for being late in her appearance as a witness at an adjourned session of the superior court, and she was sentenced to serve five days in jail.

We issued habeas corpus; a return was filed by the sheriff; the cause came on for hearing; it was stipulated that the petition be deemed a traverse to the return. Argument was heard and the matter was submitted.

The record discloses the following facts. On April 3, 1958, there were pending in the superior court two actions in which David James Mack was a defendant, one a prosecution for violation of the narcotic laws, the other a hearing relative to alleged violation of probation. These matters were continued to April 28. Barbara Ann Burns was under subpoena as a witness for the People. Some time before April 28 she was ordered to show cause why she should not testify in the trial of Mack, a proceeding authorized by section 1324 of the Penal Code. The matters before the court on April 28 were continued to May 12 at 9 a. m. Miss Burns, present with her. counsel, Mr. Weiss, and all other witnesses were instructed to return at that time without further order, notice or…