Estes v. State

• Decision Date: 09 February 1942
• Docket Number: 34882.
• Court: Mississippi Supreme Court
• Parties: ESTES v. STATE.

6 So.2d 132

192 Miss. 400

ESTES v. STATE.

No. 34882.

Supreme Court of Mississippi

February 9, 1942

Z A. Brantley, of Louisville, for appellant.

Greek L. Rice, Atty. Gen., by R. O. Arrington, Asst. Atty. Gen for appellee.

GRIFFITH Justice.

At and during the regular July 1941 term of the circuit court of Winston County, a verified information in contempt was filed therein against appellant; the information, formal parts omitted, reading as follows:

"Now comes J. P. Coleman, District Attorney in and for the Fifth Circuit Court District of the State of Mississippi, and respectfully informs the Court of the following facts to-wit:

That heretofore, on or about July 21, 1941, while this Honorable Court was regularly in session, one L. A. Warner was on trial before a jury, charged with the offense of assault and battery with intent to kill and murder one E. M. Livingston. That during the course of said trial one Curtis Estes was produced as a witness for the defense and was questioned by the District Attorney on cross-examination, among other things, as follows: As to whether or not Curtis Estes had not pleaded guilty or been convicted of participation in the same incident that gave rise to the prosecution then on trial whether or not he was related to the defendant, which drew the information that said Curtis Estes was a brother-in-law of the defendant, and said Curtis Estes having every appearance of being intoxicated on the witness stand was further asked by the District Attorney if he was not chewing gum, to which he answered in the affirmative, and if he was not smoking a cigaret at the same time, while testifying, to which he answered in the affirmative.

And further upon being released from the cross-examination said Curtis Estes upon retiring from the witness stand walked directly past the District Attorney, said Estes facing the crowded courtroom, and then and there, within ten feet of the Judge's bench, and while another witness was being called, gritted his teeth at the District Attorney and scowled at him in a hostile and threatening manner and said through his teeth 'I'll see you when you come down'.

All of which was then and there done by the said Curtis Estes by threats and abuse in an attempt to intimidate the prosecuting attorney in the discharge of his duties, and an act denounced by the laws of the State of Mississippi and committed in the very presence of the Court itself, and was and is an expression of contempt for this Honorable Court.

Therefore, that the said Curtis Estes should be cited to appear before this Honorable Court and show cause, if any he can, why he should not be adjudged guilty of contempt of Court and punished for the same according to law."

On the same day a citation was ordered, was issued and was served personally upon appellant, by which he was notified to appear before the court at a future day and hour of the term specified in the citation, to answer, etc. Appellant filed no answer, failed to appear...