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 Hardwicke) has a right to every man's evidence." (8 Wigmore, Evidence [McNaughton Rev.], § 2192, p. 70.) Appellant was confined in Erie County Penitentiary. A Grand Jury sitting in that county desired to have his testimony. A subpœna issued by the District Attorney was served upon him. It...
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