In Re Crow
Opinion
Lead Opinion
Spence, J.
Petitioner seeks his release on habeas corpus from confinement for an alleged contempt for failure to answer certain questions as a witness in the trial of one G. E. Grosse.
This is a companion case to In re Crow, (No. 1692) ante, p. 617 [ 14 Pac. (2d) 918 ], the opinion in which has been this day filed. Petitioner is the husband of said Alice Crow. After being sworn and asked the usual preliminary questions, he was asked: “Now I will ask you if on or about the 11th day of July, 1932, you had occasion to go to the office of Dr. Grosse?” He replied: “I refuse to testify on the ground that I might incriminate myself.” The trial court directed petitioner to answer, saying: “There is nothing that appears by the question that could have any possible tendency to incriminate or degrade you.” The witness still refused to answer. He was then asked: “Did you with any other person on or about the 11th day of July, 1932, go to the office of Dr. Grosse?” The petitioner again refused to answer upon the same ground. The trial court directed petitioner to answer this question, but he again refused. He was adjudged guilty of contempt and ordered into custody.