Colf v. Serra

Denman, J. (dissenting).

We respectfully dissent as we would hold that the writ is an appropriate remedy to test the jurisdictional basis of the indictment and would order that it issue to prohibit respondents from trying petitioner on this indictment.

*486The facts giving rise to this issue are simple and undisputed. In July, 1980 petitioner was called before the Allegany County Grand Jury which Was investigating a suspected arson on January 5,1980 which destroyed a cottage owned by Frederick Joseph on Cuba Lake. Petitioner was questioned about conversations he may have overheard among Joseph, Ron…