Commonwealth v. Good

NIX, Justice

(concurring).

I fully agree with the majority’s view that the law may never countenance the election of an illegal option to avoid a dilemma even where the dilemma was improperly created. Thus a witness may not be permitted to avoid punishment for perjury although he was improperly required to testify. Regardless how reprehensible the gov*554ernmental coercion may be, the condition cannot be remedied by condoning equally reprehensible conduct on the part of defendants, i. e., perjury.

Additionally, I wish to again note my disagreement generally with the quality and quantum of protections the majority of this Court has seen fit to give a witness who appears before investigative grand juries where that witness is a potential defendant. See Commonwealth v. Columbia Investment Corporation, 457 Pa. 353, 373, 325 A.2d 289, 299-303 (1974) (Dissenting Opinion, Nix, J.).

MANDERINO, J., filed a dissenting opinion.