In Re Crow

Petitioner seeks, her release on habeas corpus from confinement for an alleged contempt based upon her failure to answer certain questions as a witness in the trial of G. E. Grosse.

Said G. E. Grosse was charged by indictment under section 274 of the Penal Code with using instruments upon petitioner in the month of July, 1932, with the intent thereby to procure a miscarriage. Petitioner and her husband were called as witnesses upon the trial. The district attorney, after certain preliminary questions, asked petitioner; “Now coming down to the month of July, 1932, did you have occasion during that month to visit the office of Dr. Crosse?’’ She answered: “I refuse to testify on the ground that I may incriminate myself.” A discussion followed between court and counsel in which the court recognized that the witness had a “constitutional right”, but declared that there was nothing on the face of the question “which shows it would have any tendency to incriminate her”. Counsel for defendant Crosse finally said: “We have no objection to the witness answering as to whether she went to Dr. Crosse’s office,” and the witness, after being directed to answer by the court, replied to the…