162 Ga. App. 606 | Ga. Ct. App. | 1982
This case involves a citation for contempt in refusing to answer certain questions after being subpoenaed and duly sworn and called as a grand jury witness. The witness was the mother of the defendant named in an indictment for the murder of and in concealing the death of the witness’ husband. On advice of her attorney the witness answered only peremptory questions but then took “the fifth,” and refused to answer certain explicit questions about her dwelling house, and other events, several times saying, “I still take the fifth amendment on those questions,” and “I take the fifth,” and after repeatedly stating this, refused to answer further with reference to questions leading up to or surrounding the night in which her husband was killed.
After a hearing, the trial court found as a matter of fact that no “reasonable excuse... nor justification” has been shown to the court for the appellant’s refusal to answer questions before the grand jury and as a conclusion of law determined she was “unjustified, contemptuous, and tended to obstruct the administration of justice,” confining her to jail for 10 days. Contemnor appeals. Held:
“Only when expressly provided by law can the privilege of a witness resist the demand of justice for the truth, and the witness refuse to answer a legal question.” Dixon v. State, 12 Ga. App. 17 (2) (76 SE 794). Of course, the Fifth Amendment of the United States Constitution (Code Ann. § 1-805) states clearly that one may not be compelled “in any criminal case to be a witness against himself.” In this instance as to the pertinent questions, the witness took “the fifth,” that is, as she explained, took “the fifth amendment on those questions,” which is a provision of law for refusal to answer such questions. See also Code Ann. § 38-1205 (Ga. L. 1978, p. 2000) (“may criminate or tend to criminate... tend to bring infamy or disgrace or public contempt upon himself or any member of his family.”); and Code Ann. § 2-113 (Constitution of 1976, Art. I, Sec. I, Par. XIII) (“tending in any manner to criminate”). As seen above the Georgia law is much more protective of the witness in refusing to answer than
As the witness was not called upon to answer before the trial court nor in anywise granted immunity under Code Ann. § 38-1715,
Judgment reversed and case remanded.