Neely v. State, 14839
| Court | United States State Supreme Court of Mississippi |
| Citation | 54 So. 315,98 Miss. 816 |
| Decision Date | 27 February 1911 |
| Docket Number | 14839 |
| Parties | RAS NEELY v. STATE |
54 So. 315
98 Miss. 816
RAS NEELY
v.
STATE
No. 14839
Supreme Court of Mississippi
February 27, 1911
APPEAL from the circuit court of Rankin county, HON. C. L. DOBBS, Judge.
Ras Neely was convicted of contempt of court and appeals. The facts are fully stated in the opinion of the court.
Reversed.
Lamar F. Easterling and W. H. Thomson, for appellant.
Before a person can be found guilty of contempt not committed in the presence of the court, he must have due and reasonable notice of the proceeding. The rule to show cause should inform the defendant of the nature of the contempt alleged. 9 Cyc. Law and Proc., pp. 39, 41; Shattuck v. State, 33 L. R. A. (N. S.), 51 Miss. 50, 24 Am. Rep. 624; State v. Charleston Dist. Sheriff, 1 Mill, Const. 145.
An affidavit charging the facts constituting the contempt is absolutely necessary to support a judgment of contempt, unless the alleged contempt is committed at the time, and in the actual presence of the court. 4 Enc. Pl. and Prac., p. 779; Saunderson v. State, 151 Ind. 550, 52 N.E. 151.
Carl Fox, assistant attorney-general, for appellee.
Contempts are denominated direct and constructive, or indirect. A constructive, or indirect, contempt is everywhere defined as an act done, not in the presence of the court, but at a distance, which tends to belittle, degrade, obstruct, interrupt, prevent or embarrass the administration of justice. 9 Cyc. 6. See, also 2 "Words and Phrases, Title "Constructive Contempt."
In 9 Cyc. 5, it is said: "A direct contempt is an open insult in the presence of the court to the person of the presiding judge, or a resistance or defiance in his presence to its powers or authority."
This definition is not by any means exact. All contempts which are not constructive, or indirect, are direct. It is not necessary that a direct contempt should be an "open" insult or resistance or defiance of the court in the sense that it must be apparent to all present at the time. See 3 "Words and Phrases," Title "Direct Contempt."
Argued orally by W. H. Thomson and Lamar F. Easterling, for appellant.
OPINION
[98 Miss. 818] ANDERSON, J.
The appellant, Ras Neely, was fined one hundred dollars by the circuit court of Rankin county for contempt, and appeals to this court. The facts in reference to such alleged contempt are as follows:
The appellant was convicted of the unlawful sale of intoxicating liquors, and made a motion for a new trial. One ground of the...
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Ex parte Redmond, 28044
...Morehouse, 136 Cal. 332, 68 P. 976; Harrison v. State, 35 Ark. 458. There was a direct contempt in this case. Neely v. State, 98 Miss. 819; 54 So. 315. The filing of the motion and affidavit of appellant, containing impertinent and insulting language and reflecting on the integrity of the c......
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Knox v. State, 29513
...in this case calculated to impede, embarrass, defeat or obstruct, directly or indirectly, the administration of justice. Neely v. State, 54 So. 315, 98 Miss. 816; In re Jay Allison, 256 Mo. 378; Ex parte Wright (Texas), 141 S.W. 971; State on Inf. of Kimbrell v. Clark, 114 S.W. 536; [160 Mi......
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Brewer v. State, 32470
...of the court. The charge here is denied under oath. O'Flinn v. State, 9 L. R. A. (N. S.) 1119; 13 C. J., page 22, sec. 27; Neely v. State, 98 Miss. 816, 54 So. 315. The juror McCullough had no knowledge of the efforts made by Brewer to contaminate said juror, and there is no testimony in th......
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Johnson v. State, 45743
...of direct contempt we are of the opinion that the trial judge was justified in finding appellant guilty of contempt. In Neely v. State, 98 Miss. 816, 54 So. 315, 33 L.R.A.,N.S., 138 (1911), in defining direct contempt it was pointed out 'misconduct in the presence of the court, which shows ......