State v. Sacks

Citations

• 116 Kan. 148
• 225 P. 738
• 1924 Kan. LEXIS 36

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Inquisition in Criminal Cases — Bight of Witness to Claim Immunity. One who testifies before a county attorney in an inquisition authorized by R. S. 62-301 will not be denied the right to claim immunity because of the fact that he had not been subpoenaed.</p> <p>2. Same — Nature of Evidence Given at Inquisition. It is not necessary to immunity from prosecution that one who testifies in an inquisition authorized by R. S. 62-301 give testimony upon which a prosecution can be successfully predicated.</p> <p>3. Same — Evidence—Test of Bight of Witness When Prosecuted to Claim Immunity. Where one testifies in an inquisition authorized by R. S. 62-301 and is afterwards prosecuted and claims immunity because of the subject matter of his testimony, the test is whether or not he is being prosecuted on account of any transaction, or matter, or thing concerning which he was compelled to testify.</p>