In Re Sales

The petitioner Eugenia Sales and one Pastor Santellian were produced as witnesses for the People at the trial of a criminal action in the Superior Court in and for Contra Costa County, and after being sworn refused to answer the questions propounded by the district attorney upon the ground that their answers would tend to incriminate them. The court instructed them to answer but they still refused so to do, and thereupon they were adjudged guilty of contempt and each was sentenced to five days’ imprisonment in the county jail and to pay a fine of $400' or in default of such, payment to be imprisoned in said county jail at the rate of one day for each $4 of the said line until said fine was satisfied. Upon being taken into custody by the sheriff of said county in obedience to the judgment of sentence they applied to this court for and were granted writs of habeas corpus, the ground urged therefor being that under the attending circumstances they were legally justified in claiming the benefit of the privilege afforded by the constitutional guarantee that no person shall be compelled in any criminal action to be a witness against himself.

The two proceedings were heard as one, and…