In Re Lemon

Petitioner appeared in response to a subpoena but he refused to be sworn as a witness in an investigation which was being conducted by the grand jury in the city and county of San Francisco. In proceedings instituted in the superior court, petitioner was ordered by said court to appear before said grand jury and to be sworn and to testify in said investigation. Petitioner appeared as directed but again refused to be sworn. Thereafter petitioner was cited to appear before the superior court and show cause why he should not be adjudged guilty of contempt. Upon a hearing before the superior court, petitioner was adjudged guilty of contempt for failure to obey the order of the court above mentioned. He was committed to the custody of the sheriff until he obeyed said order. He is now seeking his release, claiming that the order adjudging him guilty of contempt and the warrant of commitment were void.

Petitioner raises several points in support of his claim of invalidity, but we find no merit in any of them. The only point that requires discussion is his claim that he was a 11 potential defendant” as he was one of a class of persons under investigation and that he therefore had a…