183 Ind. 1 | Ind. | 1915
— Appellant at the time of the proceedings of the trial -court in this ease was cashier of the Citizens State Bank of Noblesville. Upon being summoned before the grand jury, he was asked the following questions and made the following answers thereto. “Q. How much does your deposit ledger show that Horace G. Brown has on the first day of March, 1913? A. I cannot tell without referring to the books. Q. Then you refuse to answer the question do you? A. Yes, sir. Q. What are the grounds of your refusal? A. I do not believe you have a right to ask that.” These questions and answers were certified to the court of Hamilton County and the court made the order following. “Objection overruled and witness ordered to refer to the books and answer, but is not required to produce books before grand jury.” Appellant persisted in his refusal to answer the question and the court then entered an order
It will be observed that the witness was not ordered to produce the books of the bank showing the accounts of all its depositors in obedience to the subpoena duces tecum, and appellant was not called upon to show cause why he should not be punished for a failure to comply with such an order. For this reason we are not required in this case to determine whether such an order would constitute an unreasonable search and seizure of the private papers and effects of the bank within the meaning of §11, Art. 1 of our State Constitution securing the people of the State against such unreasonable searches and seizures.
The refusal to answer the question propounded was placed upon the ground that the grand jury had no right to ask such a question. Appellant attempts to justify his position in this respect by his verified return to the rule, in which he states the facts upon which he bases his refusal to answer the particular question propounded. This return shows that no charge had been preferred against Horace G. Brown to the effect that he had money on deposit which he had failed to list for taxation, and that neither the prosecuting attorney nor the grand jury had any reason to believe that
The trial court properly sustained appellee’s motion to quash the return of appellant and the judgment is affirmed.
Note. — Reported in 108 N. E. 7. As to courts and tribunals authorized to punish for contempt, see 117 Am. St. 950. See, also, under (1) 9 Cyc. 44; (2) 20 Cyc. 1335; (3) 20 Cyc. 1346; (4) 20 Cyc. 1332; (5) 20 Cyc. 1346.