Grant v. United States, 227 U.S. 74 (1913)

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Grant v. United States

No. 831

Argued January 6, 1913
Decided January 20, 1913
227 U.S. 74

APPEAL FROM AND IN ERROR TO THE DISTRICT COURT OF THE

UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

A judgment for criminal contempt is reviewable only by writ of error. An appeal will not lie.

Only the person charged with contempt can sue out the writ of error; one who appeared simply to state his claim to the books and papers mentioned in the subpoena does not thereby become a party to the proceeding, and he has no standing to sue out a writ of error.

Professional privilege does not relieve an attorney from producing under subpoena of the federal grand jury books and papers of a corporation left with him for safekeeping by a client who claimed to be owner thereof.

Independent books and documents of a defunct corporation left with an attorney for safekeeping by a client claiming to own them are not privileged communications.

Books an documents of a corporation must be produced by an attorney with whom they were left for safekeeping even if they might incriminate the latter.

Notwithstanding a corporation ceases to do business and transfers its books to an individual, the books retain their essential character, and are subject to inspection and examination of the proper authorities, and there is no unreasonable search and seizure in requiring their production before the grand jury in a federal proceeding. Wheeler v. United States, 226 U.S. 478.

The facts are stated in the opinion.