In re Criminal Investigation No. 465

ROBERT M. BELL, Judge.

This appeal from the judgment of the Circuit Court for Baltimore City presents a single question:

Does the Fifth Amendment bar compelled production of documents by a Grand Jury target when production would be testimonial and incriminatory?

This question, in turn, has several aspects: (1) whether, where they have been created prior to incorporation, documents sought by the subpoenas duces tecum which are the subject of this appeal are corporate records; and, (2) if so, whether appellant,1 nevertheless, has a Fifth Amendment *349privilege to refrain from producing them. We…