Legal Opinion

In Re the Imprisonment of Edison

Court of Appeals of North Carolina

Decided August 2, 1972No. 7227SC520PublishedCited by 3 opinions

1Opinion of the Court

BRITT, Judge.

Edison assigns as error (1) the entry by the district court of its order of 17 April 1972 committing Edison to jail for contempt and (2) the failure of Judge Martin to vacate the order and grant Edison’s petition for habeas corpus. Our writ of certiorari brings the entire matter before us for review.

The first question for consideration is whether the district court followed the proper procedure in adjudging Edison in contempt. We hold that it did not.

If the facts found by the district court constitute contempt of court under G.S. 5-1, it is not a direct contempt, therefore, the…

2Cases cited4 opinions

  1. Ex Parte TerrySupreme Court of the United States · 1888
  2. SavinSupreme Court of the United States · 1889
  3. Groppi v. LeslieSupreme Court of the United States · 1972
  4. Galyon v. StuttsSupreme Court of North Carolina · 1954

3Cited by3 opinions

  1. Ingle v. IngleCourt of Appeals of North Carolina · 1973
  2. State v. FergusonCourt of Appeals of Oregon · 2001
  3. In re the Contempt of WestCourt of Appeals of North Carolina · 1974

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