Legal Opinion · Dissent

In re Moser

Michigan Supreme Court

Decided December 7, 1904No. Docket No. 239Published

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…

1DissentMoore, C. J.

A grand jury was convened in Saginaw county. It was charged by the circuit judge to investigate the conduct of parties connected with certain municipal contracts. While pursuing the investigation, Augustus G. Moser was examined as a witness before the grand jury. By a subpoena he was commanded to bring certain books of the Bartlett Illuminating Company, a corporation of which he has been president *316since July 24, 1901. Mr. Moser appeared before the grand jury, but refused to produce the books. This action was reported to the circuit judge, who, after a hearing, made an order that Mr. Moser…

2Cases cited17 opinions

  1. Boyd v. United StatesSupreme Court of the United States · 1886
  2. Counselman v. HitchcockSupreme Court of the United States · 1892
  3. Brown v. WalkerSupreme Court of the United States · 1896
  4. People v. MatherNew York Supreme Court · 1830
  5. People v. . SharpNew York Court of Appeals · 1887

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