[Download] "Roy A. Dutton v. District Court Third" by Supreme Court of Idaho No. 11364 " Book PDF Kindle ePub Free

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Title: Roy A. Dutton v. District Court Third
Author : Supreme Court of Idaho No. 11364
Release Date : January 13, 1974
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 61 KB

Description

The issue before this Court is the constitutionality of I.C. § 19-1115,[Footnote 1] pursuant to which a citizen may be granted immunity from prosecution and ordered to testify as to any knowledge he possesses concerning alleged crimes. Petitioner, Roy A. Dutton, seeks a writ of review, having been found in contempt of court for his failure to testify after being granted such immunity. For his contempt, he was fined $300.00 and sentenced to six months in jail. For reasons that will be discussed, the petition is quashed. Petitioner, along with two other individuals, was charged in the Third Judicial District Court, Owyhee County, with the crime of grand larceny. I.C. § 18-4604. They were alleged to have stolen and butchered three cows. Before a preliminary hearing could be held on the matter, the State moved to dismiss the charge against petitioner. Thereafter, on February 26, 1973, a preliminary hearing was held to determine if probable cause existed as to the guilt of the remaining defendants, Fred Roberson and Delaney E. Mankins. During this hearing, petitioner was called as a witness for the state, but refused to answer any questions concerning the alleged crime, invoking his Fifth Amendment privilege against self-incrimination.