In Re Keller

This petition for writ of habeas corpus arises out of a finding that Theodore Keller was guilty of contempt of court and his sentence pursuant thereto. This court originally denied Keller’s petition for habeas corpus. Thereafter, the Supreme Court ordered respondent Superior Court for the City and County of San Francisco to show cause before this court why the relief prayed for should not be granted, in light of Yates v. United States (1957) 355 U.S. 66 [ 2 L.Ed.2d 95 , 78 S.Ct. 128 ],

Petitioner is a member of the faculty of San Francisco State University. On April 3, 1974, he was engaged in the chase of a man who had been identified by others as the assailant of a fellow faculty member in an attempted robbery. On April 4, 1974, petitioner signed a statement containing his description of the facts, which statement was presented to the police. On April 15, 1974, petitioner testified to these facts before the grand jury. However, long before trial, petitioner informed the district attorney that he would refuse, for reasons of conscience, to testify if called as a witness at the trial.

On February 25, 1975, during the trial of the man petitioner had chased, the court…