In Re Williams

Certain persons defendant were in the municipal court having their preliminary examination under charges of violation of section 337a of the Penal Code and conspiracy to violate such section. Petitioner was called and sworn as a witness, and upon certain questions being put to him he refused to answer them on the ground that the answers might tend to criminate him, article I, section 13, of the California Constitution providing that “no person shall be . . . compelled, in any criminal case, to be a witness against himself”. Upon this refusal petitioner was adjudged in contempt of court and sent to jail therefor. He claims that he is imprisoned illegally and is here asking to be released through the writ of habeas corpus.

That the answers to the questions propounded might tend to incriminate petitioner is not questioned, and the constitutional privilege was rightfully exercised unless the offenses named in the charges against said referred to defendants are covered by the immunity statute. The section containing the provision for immunity (Pen. Code, sec. 334) reads: “No person, otherwise competent as a witness, is disqualified from testifying as such concerning the offense of…