People v. Baxter
| Decision Date | 21 January 1971 |
| Docket Number | Gen. No. 53278 |
| Citation | 130 Ill.App.2d 1111,268 N.E.2d 256 |
| Parties | PEOPLE of the State of Illinois, Plaintiff-Appellee, v. DeWright BAXTER, Defendant-Appellant. |
| Court | United States Appellate Court of Illinois |
Gerald W. Getty, Chicago, for defendant-appellant.
Edward V. Hanrahan, State's Atty., Chicago, for plaintiff-appellee.
This is an appeal from a judgment of the Circuit Court of Cook County finding defendant, DeWright Baxter, guilty of direct criminal contempt of court. The trial judge, on the finding, sentenced the defendant to one year in the House of Correction.
The only issue raised on appeal is whether the order of contempt set forth the facts out of which the contempt arose as is required.
We affirm.
The defendant filed pro se a petition for substitution of judge and attorney in a criminal action in which he was defendant. Subsequently, the matter of the petition was heard by the trial judge who read it in open court where the defendant acknowledged that he had indeed written the petition, signed it and affirmed its contents.
Among other things, the petition charged that the court was acting as a 'Ku Klux Klan, Gestapo, Setup, Jim Crow Justice and a Crime Syndicate * * *.' and 'to go into a conspiracy with my attorney to save face in a fraud.'
The court then immediately ordered that since 'this petition constitutes a direct criminal contempt upon the dignity and integrity of this Court * * * this defendant is hereby found guilty of direct criminal contempt of Court * * *.'
A contempt order which does not set out specific facts may include matters by reference, which matters are to be considered as a part of the order upon review. People v. Tavernier, 384 Ill. 388, 51 N.E.2d 528; People v. DeStefano, 64 Ill.App.2d 368 212 N.E.2d 368, cert. den. 385 U.S. 989, 87 S.Ct. 594, 17 L.Ed.2d 450. The order clearly refers to the petition as the grounds for the finding of contempt.
In any event where the record on review contains the specific matter which is the subject of the contempt, the reviewing 368, 212 N.E.2d 368, cert. den. 385 U.S. Dunagan, 80 Ill.App.2d 117, 225 N.E.2d 119.
The conviction for direct criminal contempt is affirmed.
Affirmed.
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...court there specifically noted that no record or report of proceedings was available in the reviewing court. In People v. Baxter (1971), 130 Ill.App.2d 1111, 268 N.E.2d 256, and In re Dunagan (1967), 80 Ill.App.2d 117, 225 N.E.2d 119, the reviewing courts held that although the contempt ord......
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People v. Baxter
...contempt of court and ordered that he be incarcerated in the House of Correction for 1 year. The appellate court affirmed the order, 268 N.E.2d 256, and we granted leave to The alleged contempt arose out of the allegations of a Pro se petition for substitution of judges and attorney which w......
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People v. Wilson
...validity of the court's finding that a direct contempt was committed. We think this contention is without merit. In People v. Baxter, 130 Ill.App.2d 1111, 268 N.E.2d 256, it was held that a contempt order may include matters by reference, which are to be considered a part of the order on re......