Legal Opinion

Neely v. State

Mississippi Supreme Court

Decided October 15, 1910PublishedCited by 14 opinions

Appeal from the circuit court of Rankin county. Hon. C. L. Dobbs, Judge. Ras Neely was convicted of contempt of court and appeals. The facts are fully stated in the opinion of the court. Before a person can be found guilty of contempt not committed in the presence of the court, he must have due" and reasonable notice of the proceeding. The rule to show cause should inform the defendant of the nature of the contempt alleged. 9 Cyc.

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Appeal from the circuit court of Rankin county. Hon. C. L. Dobbs, Judge. Ras Neely was convicted of contempt of court and appeals. The facts are fully stated in the opinion of the court. Before a person can be found guilty of contempt not committed in the presence of the court, he must have due" and reasonable notice of the proceeding. The rule to show cause should inform the defendant of the nature of the contempt alleged. 9 Cyc. Law and Proc., pp. 39, 41; Shattuch v. State, 33 L. R. A. (N. S.), 51 Miss. 50, 24 Am. Rep. 624; State v. Charleston Dist. Sheriff, 1 Mill, Const. 145. An affidavit…

1Opinion of the CourtAnderson, J.

The appellant, Ras Neely, was fined one hundred dollars by the circuit court of Rankin county for contempt, and appeals to this court. The facts in reference to such alleged contempt are as follows:

The- appellant was convicted of the unlawful sale of intoxicating liquors, and made a motion for a new trial. One ground of the motion, among others, is that he was not represented hy counsel when tried, and, being in a state of intoxication, was incapacitated to properly conduct his defense. The testimony of witnesses was taken on the trial of the motion. Touching appellant’s intoxicatiov the…

2Cited by14 opinions

  1. In Re SmithMississippi Supreme Court · 2006
  2. Graves v. StateMississippi Supreme Court · 2011
  3. Ex Parte RedmondMississippi Supreme Court · 1931
  4. Wood v. StateMississippi Supreme Court · 1969
  5. Ex Parte RedmondMississippi Supreme Court · 1930

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