¶1 (dissenting). I am of the opinion that a person indicted for a felony may not be brought before the indicting authority and, upon tender of immunity prescribed by statute, be punished for contempt of court in refusing to answer a question relating to the subject matter of the indictment which he states, under oath, will tend to incriminate him. I note a distinction between an accused in custody under an indictment and a witness not under indictment.
¶2 Court-compelled self-incrimination has been abhorrent to English-speaking people for centuries and inhibited at common law, and this inheritance has been imbedded in the Constitution of the United *290 States and that of the State of Michigan. The Michigan statute, granting immunity from prosecution of a witness compelled to make self-incrimination, does not extend to the instant case.
¶3 The prisoner is not guilty of contempt of court and should be released from custody under such charge.