People v. Oliveri

Judgment affirmed. Memorandum: “ For more than three centuries it has now been recognized as a fundamental maxim that the public (in the words sanctioned by Lord Hardwieke) has a right to every man’s evidence.” (8 Wigmore, Evidence [MeNaughton Rev.], § 2192, p. 70.) Appellant was confined in Erie County Penitentiary. A Grand Jury sitting in that county desired to have his testimony. A subpoena issued by the District Attorney was served upon him. It is not disputed that the copy thereof contained the name of a former District Attorney and that the original (correctly indorsed) was not…