In re Moser
Michigan Supreme Court
Certiorari to Saginaw; Beach, J. Augustus G. Moser was convicted of contempt in refusing to produce certain books of account before a grand jury. The petitioner was convicted of contempt of court, in refusing to produce before the grand jury, in obedience to a subpoena duces tecum, certain books of account of the Bartlett Illuminating Company. The case is before us for review on certiorari.
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Certiorari to Saginaw; Beach, J. Augustus G. Moser was convicted of contempt in refusing to produce certain books of account before a grand jury. The petitioner was convicted of contempt of court, in refusing to produce before the grand jury, in obedience to a subpoena duces tecum, certain books of account of the Bartlett Illuminating Company. The case is before us for review on certiorari. The defenses now urged are (1) that the entries might tend to criminate the petitioner; (2) that, as the avowed purpose in demanding the books was to obtain evidence against other officers of the Bartlett…
1Opinion of the CourtGrant, J.
(after stating the facts). Under the Constitutions of Michigan and the United States, no witness can be compelled to give testimony which might tend to criminate himself or expose him to a criminal prosecution. The provision in each Constitution is the same. Many cases have arisen in the courts, both of the States and of the United States, under this provision. The only difficulty has been in determining whether the facts of each case bring the party under the protection afforded him by the Constitution.
The shield afforded is personal to the witness, designed for his own protection, and not…
2Cases cited9 opinions
- Boyd v. United StatesSupreme Court of the United States · 1886
- Brown v. WalkerSupreme Court of the United States · 1896
- People Ex Rel. Taylor v. . ForbesNew York Court of Appeals · 1894
- Ex parte IrvineU.S. Circuit Court for the District of Southern Ohio · 1896
- Ex parte SeniorSupreme Court of Florida · 1896
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3Cited by33 opinions
- People v. TannerMichigan Supreme Court · 2014
- People v. WrightMichigan Supreme Court · 1992
- Paramount Pictures Corp. v. MiskinisMichigan Supreme Court · 1984
- People v. SpainIllinois Supreme Court · 1923
- People v. CavaianiMichigan Court of Appeals · 1988
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