State Ex Rel. Sowers v. Olwell

64 Wash.2d 828, 394 P.2d 681 (1964)

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Nature of the Case

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Facts

Henry LeRoy Gray and John W. Warren engaged in a fight which resulted in Warren being mortally injured by knife wounds. Gray was taken into custody by the Seattle Police Department and placed [in jail. During his incarceration, Gray admitted the stabbing of Warren and was willing to cooperate and aid in the investigation of the homicide. According to a detective of the police department, Gray was not sure what became of the knife he had used in the fight with Warren. D was retained as attorney for Gray, who was still confined in jail. D conferred with his client and then, between the time of that conference and the issuance of the subpoena duces tecum, he came into possession of certain evidence (a knife). It is not clear whether D came into possession of this knife through his own investigation while acting as attorney for Gray or whether possession of it was obtained as a result of some communication made by Gray to D during the existence of their attorney and client relationship. A coroner's inquest was held for the purpose of investigating the circumstances surrounding the death of John W. Warren. D was in possession of a knife that, at that time, was considered a possible murder weapon. Several days prior to the date of the inquest, D was served with a subpoena duces tecum, which said, in part: '. . . bring with you all knives in your possession and under your control relating to Henry LeRoy Gray, Gloria Pugh or John W. Warren.' D refused to obey or even answer queries directed by the subpoena because of the confidential relationship of attorney and client. D was cited to appear in the Superior Court and was found to be in contempt because of his actions at the coroner's inquest. D was given 10 days within which to purge himself of contempt, and, upon his failure to do so, an order was entered adjudging him to be in contempt and directing that he serve two days in the county jail. D appealed.