State v. Schwartz

DIXON, Justice.

Defendants Robert M. Schwartz and Henry F. Jacomb filed a motion to set aside their arrest and annul their bond obligations. The basis of the motion was that the nonresidents were in this State in response to a federal subpoena to testify at a federal grand jury investigation, and were therefore exempt from arrest for matters which arose before the issuance of the summons. After a hearing the motion was denied, and we granted writs to consider the applicability of C.Cr.P. 743, the statute under which the defendants claim immunity from arrest.

Defendants were arrested under…