States v. Philadelphia & R. Ry. Co.

Citations

• 225 F. 301
• 1915 U.S. Dist. LEXIS 1256

Syllabus

<p>1. Criminal Law <©=>281—Pleas in Arateme,nt—Grounds—Demurrer.</p> <p>That accused, filing pleas in abatement to an indictment on the ground of irregularities in the constitution and summoning of the grand jury, had presented Ms objections to another district judge on challenge to the array before indictment, and that his objections had been overruled, may be the subject of replication, but is not available on demurrer to, the pleas.</p> <p>[Ed. Note.—For other cases, see Criminal Law, Cent. Dig. § 652; Dec. Dig. <©=>2S1.]</p> <p>2. Criminal Law <©=>280—Plea in Abatement—Grounds.</p> <p>A plea in abatement to an indictment on the ground o-f the production of documentary evidence in violation of the professional privilege of counsel for accused and of the rights of accused under the fourth amendment to the Constitution, which shows a compulsory production, by the chief clerk of the legal department of accused, of records, documents, and confidential papers of accused and in the official custody of the chief clerk, in which they were placed by counsel for accused for use in the preparation of defense of accused to the offense charged in the indictment, is insufficient to bring the matter within Const. U. S. Amend. 4, relating to unreasonable searches and seizures.</p> <p>[Ed. Note.—For other cases, see Criminal Law, Cent. Dig. §§ 045-651; Dec. Dig. <©=>280.]</p> <p>see samo topic & KEY-NUMBER in all Key-Numbered Digests & Indexes other</p> <p>3. Witnesses <@=>304—Self-Incrimination—Privilege.</p> <p>The right, under Const. U. S. Amend. 5, to refuse to incriminate oneself, is purely a personal privilege of an individual witness, and is not without the aid of the fourth amendment to be extended to a corporation defendant.</p> <p>[Ed. Note.—For other cases, see Witnesses, Cent. Dig. §§ 1051,' 1052; Dec. Dig. <@=3304.]</p> <p>4. Criminal Law <@=3280—Plea in Abatement—Calling of Unsworn Witness.</p> <p>A plea in abatement to an indictment for calling an unsworn witness b