Herring v. State, (No. 6064.)
Decision Date | 22 November 1927 |
Docket Number | (No. 6064.) |
Citation | 165 Ga. 254,140 S.E. 491 |
Court | Georgia Supreme Court |
Parties | HERRING. v. STATE. ECHOLS。 v. SAME. |
(Syllabus by the Court.)
Certified Questions from Court of Appeals.
Monroe Herring and another were separately adjudged in contempt of court, and they separately bring error. On certified questions from Court of Appeals. Questions answered.
Porter & Mebane, of Rome, for plaintiffs in error.
J. F. Kelly, Sol. Gen., of Rome, and M. Neil Andrews, of La Fayette, for the State.
BECK, P. J. The Court of Appeals propounded to this court the following question, and desires instruction thereon as being necessary to a decision of the above cases:
We are of the opinion that this question should be answered in the affirmative. In the case just cited it was said:
"The bribing or attempting to bribe the witness who had been subpoenaed to appear against the sons of the respondent was opposing, striving against, or attempting to obstruct the processes of the court, and was intended to bring to naught and baffle such processes of the court, and therefore, in every respect, falls within the meaning given by the lexicographers to the word 'resist' as contained in section 4643 of the Civil Code of 1910, and should be given the meaning here ascribed to it, in view of the context of the statute; though it would not necessarily be applicable to the term 'resist' as used in the Penal Code 1910, § 311, because there the act of resisting contemplated and denounced as criminal is one committed while the officer is in the act of executing or attempting to execute some process of the court."
The definition of the word "resist, " there held to be the correct definition of that term as used in section 4643, leaves no other conclusion open than that the conduct and acts of Echols and Herring, as set forth in the question propounded, amounted to a resistance to the processes of the court. It is true that in this case the defendants did not bribe or attempt to bribe a witness, but they did attempt to coerce a witness, or at least to bring strong...
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Burge v. State, (No. 19194.)
...thereto as to interfere with the administration of law and justice. See Morgan v. State, 26 Ga. App. 83, 105 S. E. 449; Herring v. State, 165 Ga. 254, 140 S. E. 491. Clearly the trial judge did not abuse his discretion adjudging Burge in contempt of court, and his judgment so doing will not......
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9 Contempt
...prior evening's drinking)]. 3. Indirect criminal contempt involves contemptuous behavior outside of the court's sensory presence [Herring,165 Ga. 254, 140 SE2d 491 (1927)]. 9.16 Disobedience of Court Orders - To find contempt from a disobedience of a court order, one must find: A. Accused h......
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9 Contempt
...prior evening's drinking)]. 3. Indirect criminal contempt involves contemptuous behavior outside of the court's sensory presence [Herring,165 Ga. 254, 140 SE2d 491 (1927)]. 9.16 Disobedience of Court Orders - To find contempt from a disobedience of a court order, one must find: A. Accused h......
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9 Contempt
...prior evening's drinking)]. 3. Indirect criminal contempt involves contemptuous behavior outside of the court's sensory presence [Herring,165 Ga. 254, 140 SE2d 491 (1927)]. 9.16 Disobedience of Court Orders - To find contempt from a disobedience of a court order, one must find: A. Accused h......
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9 Contempt
...prior evening's drinking)]. 3. Indirect criminal contempt involves contemptuous behavior outside of the court's sensory presence [Herring,165 Ga. 254, 140 SE2d 491 (1927)]. 9.16 Disobedience of Court Orders - To find contempt from a disobedience of a court order, one must find: A. Accused h......