People v. Burke

The presence of the defendant before the grand jury returning the. indictments here under considera*337tion was compulsory. Pursuant to the command of a subpoena he appeared as a witness in the matter entitled “ In the matter of the investigation in the borough of Queens, ordered by the Governor of the State of Hew York ” and was thereupon “ called as a witness” (and) “ sworn in the case of The People against John Doe.” ITad he failed to obey the subpoena, or while in attendance had he refused to be sworn as a witness, he might well have apprehended the possibility, even the probability, of his…