Commonwealth v. Klein

Citations

• 40 Pa. Super. 352
• 1909 Pa. Super. LEXIS 620

Syllabus

<p>Criminal law — Grand jury — Investigation of bribery — Action of court on its own motion — Witnesses—Subpoma.</p> <p>1. A criminal court may of its own motion, or at the suggestion of the district attorney, direct the grand jury to investigate charges of bribery and corrupt solicitation, and direct that subpoenas may issue to witnesses to testify in behalf of the commonwealth in such an investigation.</p> <p>2. In such a case a subpoena is sufficient which commands the witness to appear before the grand jury at a specified hour, day and place “to testify all and singular those things which you shall know in a certain investigation of charges of bribery and corrupt solicitation of councilmen in the city of Pittsburgh in our said court depending, and then and there to be tried between the commonwealth and a person or persons unknown:” Hartranft’s App., 85 Pa. 433, distinguished.</p> <p>3. A witness summoned under such a subpoena cannot refuse to go before the grand jury on the ground that he cannot be compelled to criminate himself. He is bound to obey the summons, and if at the investigation he is asked a question which violates his constitutional rights, he may then refuse to answer and have the question touching his rights as a witness disposed of in a legal and orderly manner.</p> <p>4. Where in such a proceeding the witness refuses to appear he may be both fined and imprisoned for contempt.</p>