Stephenson v. McCurdy

By the Court.

The paramount question in this case is whether or not testimony given before a grand jury is privileged and inadmissible in evidence to sustain an action for malicious prosecution.

Defendant in error relies upon the case of Kintz v. Harriger, 99 Ohio St., 240, 124 N. E., 168, 12 A. L. R., 1240. That case related to testimony given before a grand jury in the state court. In the present case, the testimony relied upon was given before a federal grand jury. In the case of Vogel, Exr., v. Gruaz, 110 U. S., 311, 4 S. Ct., 12, 28 L. Ed., 158, testimony "of this character is held to be…