Taplin-Rice-Clerkin Co. v. Hower

By the Court.

The sole question for determination in this case is whether or not the testimony of William Clerkin given before the grand jury in the investigation of the charges against John F. Iiower constituted privileged matter and the trial court erred in admitting the same.

This testimony of Clerkin before the grand jury was the cornerstone of the plaintiff’s case in the trial court, and it is admitted that if this testimony is privileged, and therefore excluded, the plaintiff in the malicious prosecution case must fail.

The trial court admitted this testimony in evidence upon the authority…