State v. Janiec
| Decision Date | 24 February 1953 |
| Docket Number | No. A--47,A--47 |
| Citation | 25 N.J.Super. 197,95 A.2d 762 |
| Parties | STATE v. JANIEC. . Considered |
| Court | New Jersey Superior Court — Appellate Division |
George A. Gray, Red Bank, of counsel, for plaintiff-respondent (J. Victor Carton, Asbury Park, attorney).
Lawrence Janiec, Jr., pro se.
Before Judges EASTWOOD, BIGELOW and JAYNE.
The sole issue posed by this appeal is whether a fixed sentence of one year in State Prison on a conviction of contempt in facie curiae was proper.
On June 6, 1951, under the authority of Rule 2:8--1, the defendant was convicted by the Monmouth County Court of the aforementioned contempt. See N.J.S. 2A:10--1, N.J.S.A. Thereupon the court sentenced Janiec to 'the New Jersey State's Prison for a period of one year to run consecutively with the previous sentences.' On June 8, 1951 the sentencing judge stated for the record: 'The court is aware of the section of the Revised Statute 2:192--4, (N.J.S.A.), which provides that 'All sentences to the New Jersey State Prison shall, on and after May 26, 1932, be for a maximum and minimum term, except sentences for life * * *' et cetera,' and directed that Janiec be returned to the court on September 17, 1951 for the imposition of a sentence to State Prison for a period of not less than one year nor more than a year and a day. However on September 17, 1951 the County Court decided not to disturb the sentence of one year in State Prison imposed on June 6, 1951.
The defendant having requested the County Court for the correction of said sentence, was informed by the court in a communication dated September 18, 1952, inter alia:
'I am still of the opinion that the sentence imposed on June 6, 1951, was a legal one and, therefore, your application is denied.'
A criminal contempt is a public wrong; it is a misdemeanor. Staley v. So. Jersey Realty Co., 83 N.J.Eq. 300, 90 A. 1042, L.R.A.1917B, 113 (Sup.Ct.1914). It may be prosecuted on indictment like other crimes. In re Kerrigan, 33 N.J.L. 344 (Sup.Ct.1869).' Zimmerman v. Zimmerman, 12 N.J.Super. 61, 66, 79 A.2d 59, 61 (App.Div.1950). Under Rule 3:80--2, a contempt, whether criminal or civil, 'shall be prosecuted in the action in which it occurs.' One convicted of a misdemeanor 'shall be punished by a fine of not more than $1,000, or by imprisonment for not more than 3 years, or both.' N.J.S.A. 2A:85--7, N.J.S.A. Where a sentence to the New Jersey State Prison is imposed, it N.J.S. 2A:164--17, N.J.S.A.
In view of the fact that the offense of which the defendant was convicted is a misdemeanor and that the sentence imposed was one of confinement in...
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State v. Hampton
...for life.' N.J.S.A. 2A:164--17; State v. Fisher, 115 N.J.Super. 373, 378--379, 279 A.2d 885 (App.Div.1971); State v. Janiec, 25 N.J.Super. 197, 95 A.2d 762 (App.Div.1953); State v. Moore, 21 N.J.Super. 419, 91 A.2d 342 (App.Div.1952). Cf. State v. Roleson, 14 N.J. 403, 102 A.2d 606, cert. d......
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...of Roads, 184 Neb. 853, 172 N.W.2d 782 (1969); State v. Rubek, 189 Neb. 141, 201 N.W.2d 255 (1972); New Jersey: State v. Janiec, 25 N.J.Super. 197, 95 A.2d 762, 764 (1953), " 'Only the Legislature may ordain the punishment for crime and the sentencing court may not impose a sentence inconsi......
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...251, 252, 197 A. 12 (E. & A.1938); State v. Zarafu, 35 N.J.Super. 177, 182, 113 A.2d 696 (App.Div.1955); State v. Janiec, 25 N.J.Super. 197, 200, 95 A.2d 762 (App.Div.1953); Zimmerman v. Zimmerman, 12 N.J.Super. 61, 66, 79 A.2d 59 (App.Div.1950); In re Bozorth, 38 N.J.Super. 184, 188, 118 A......
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Janiec v. McCorkle, s. A--124
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