224 N.W. 838 | Minn. | 1929
1. The arguments, that before being adjudged guilty of contempt defendant was entitled to a ruling from the district court that the questions were legally proper, and that in any event he was not *201
obliged to answer because they had to do with an offense which, if committed, was barred by the statute of limitations, may be considered together. Such claims misconceive the function of the grand jury, which does not try questions of guilt or innocence but investigates only to determine whether there is probable cause for prosecution. While agencies of the court, grand juries are subservient neither to judge nor prosecuting attorney. "They are appointed for the government and for the people" to investigate crimes and charges of crime, and in case of probable guilt to proceed by indictment or presentment. They have, therefore, "the undoubted right to send for witnesses and have them sworn to give evidence generally." Hale v. Henkel,
"1. Such as is given by witnesses produced and sworn before them; and
"2. Legal, documentary, or written evidence."
They are to receive the "best in degree to the exclusion of hearsay or secondary evidence, except when such evidence would be admissible on the trial of the accused for the offense charged." These rules for the government of the grand jury are for the protection of persons accused of crime and under investigation, rather than witnesses. The latter are adequately protected by their privilege against self-incrimination. It would be intolerable, and clearly was not the intention, if witnesses before a grand jury might delay its proceedings by requiring an affirmative ruling from the court upon the propriety of questions before answering them. It is not the concern of any mere witness that a grand jury may proceed improperly in finding an indictment or presentment. It is not for the witness to exert himself in the interest of the accused. The latter has his remedy if indicted on evidence improperly received. State v. *202
Ernster,
2. It is next urged that, having been asked the same questions by a preceding grand jury, having refused to answer, and in consequence having been punished for the contempt by imprisonment, the present prosecution puts defendant again in jeopardy for the same offense. Again the argument is without merit. Courts of probate and chancery have no power to try or punish for crime but possess the unquestioned right to punish for contempt. That is because, although punishments for contempt are quasi criminal proceedings, their purpose is not to punish for a crime but rather to compel that obedience to courts which is necessary for orderly and effectual administration of justice. Hence the doctrine of double jeopardy has no application in proceedings for contempt. Middlebrook v. State,
Witnesses before courts or grand juries perform a public duty which they are bound to perform upon being properly summoned. However onerous or embarrassing, it is "necessary to the administration of justice according to the forms and modes established in our system of government." Blair v. U.S.
Judgment affirmed.
