In Re Fountain
Supreme Court of North Carolina
Appeal from Calvert, Jat April Term, 1921, from Edgecombe, in' proceedings for indirect contempt under C. S., 984, i. e., conduct tending to impede and impair the respect and authority of the court, but not committed in its immediate presence.
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Appeal from Calvert, Jat April Term, 1921, from Edgecombe, in' proceedings for indirect contempt under C. S., 984, i. e., conduct tending to impede and impair the respect and authority of the court, but not committed in its immediate presence. The judge finds as facts that at November Term, 1921, of said county the case of “L. E. Fountain against Calvin Jones” was called for trial on Thursday of the first week (it being a two weeks term), and the verdict was rendered on the following day that Raeford Liles was a talis juror, and after the verdict had been returned he was discharged from…
1Opinion of the Court
Olabk, O. J.
This is a proceeding for indirect contempt, under C. S., 984, by conduct impeding and impairing tbe respect due to, and tbe authority of, tbe court, by abusing and assaulting a juror. Such conduct occurred during tbe term of tbe court, but not in the immediate presence of tbe court.
Tbe Court held In re Gorham, 129 N. C., 485, that in a proceeding as for contempt in attempting to influence a juror, tbe findings of fact by tbe trial judge, if there is any evidence, cannot be reviewed on appeal, and that tbe respondent can purge himself only where tbe intention is tbe gravamen of tbe…
2Cases cited7 opinions
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