Smithmeyer v. Hopkins

Citations

• 111 Kan. 329
• 207 P. 655
• 1922 Kan. LEXIS 239

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Antitrust Investigation- — Documents and Papers Produced in Response to Subpoena Duces Tecum Must Be Returned to Party Producing Them. When in the course of an investigation concerning violations of the antitrust law, certain books,'documents, letters, telegrams and papers are produced for the examination of the attorney-general or county, attorney in obedience to an inquisitorial subpoena issued by such officer, all such property should be returned without unreasonable delay to its owner or to the witness ■ producing the same, and the prosecuting officer has no right to withhold them.</p> <p>2. Same — Only Documents and Papers Constituting Instrumentalities Used in Consummating Crime May Be Retained by the Prosecution. When any document, letter, etc., produced under the circumstances outlined in syllabus 1 is not so returned but is withheld on the ground that it is in fact an instrumentality used in consummating the crime, and has thereby lost its character as property, the return of such document, letter, • etc., will not be compelled as a matter of right by the issue of the discretionary writ of mandamus.</p> <p>3. Same. In memorandum, opinion controlling facts stated, and writ of mandamus. allowed with qualifications.</p> <p>4. Same — Writ of Prohibition Denied. The circumstances indicated in the memorandum opinion held not so singular and unusual as to justify the issue of the extraordinary writ of prohibition.</p>