Gendron v. Burnham - Cumberland Supreme Court of Maine

Gendron v. Burnham

By Cumberland Supreme Court of Maine

  • Release Date: 1951-07-16
  • Genre: Law
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Gendron v. Burnham Cumberland Supreme Court of Maine Book Review Score: ★★★★★ 5/5 stars

On report. Writ of habeas corpus certified to Chief Justice for immediate decision by the justices upon findings of fact by a Justice of the Superior Court and by agreement of the parties in accord with the procedure employed in Welch v. Sheriff, 95 Me. 451 and Wade v. Warden, 145 Me. 120, 73 A.2d 128. The prisoner, in obedience to a subpoena, appeared and was sworn as a witness before the grand jury in session at the May Term of the Superior Court for the County of Cumberland on the 18th day of May, 1951. The record discloses twenty-five questions which were asked him while before the grand jury. Of these questions he answered eight and declined to answer seventeen. Of the seventeen questions which he declined to answer, to nine of them he specifically asserted his privilege against self incrimination as the basis therefor. The grand jury thereafterwards reported the questions and answers to the court by an affidavit signed and sworn to by their foreman, in which affidavit the grand jury prayed that the prisoner should be ordered to appear before the Superior Court to show cause why he should not be adjudged in contempt of court for refusing to make answer to said questions. To this complaint the prisoner, the then respondent, filed an answer in writing, under oath, in which, after setting forth his own recollection of the questions and answers, he stated:

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