State v. Doty
Supreme Court of New Jersey
On rule to show cause why an attachment should not issue, &c. The defendant was acquitted before the Oyer and Terminer of the county of Monmouth, on an indictment for embracery. A rule was then entered that he show cause why he should not be attached for contempt of court, in holding intercourse with a juryman in charge of a case.
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On rule to show cause why an attachment should not issue, &c. The defendant was acquitted before the Oyer and Terminer of the county of Monmouth, on an indictment for embracery. A rule was then entered that he show cause why he should not be attached for contempt of court, in holding intercourse with a juryman in charge of a case. The defendant being interrogated, stated, under oath, that while a certain trial was progressing lie fell in company with one of the jurors, who had then been sworn, and said to him : “ If I could find out how the jury would stand after they go out, I might win some…
1Opinion of the Court
The opinion of the court was delivered by
Beasley, C. J.
The first objection interposed against this proceeding’ was one relating to the authority of the court to deal with, as a contempt, an act done out of its presence, by a person who was neither a party to the suit, nor an officer of the court. But the limitation of judicial authority thus set up, is clearly inconsistent with the rules of law, and with the ancient, as well as modern, practice upon this subject. It has been always held that the power of judicature implies the right to exercise that function, undisturbed by improper…
2Cases cited2 opinions
- Respublica v. OswaldSupreme Court of the United States · 1788
- People ex rel. Lewis v. FewNew York Supreme Court · 1807
3Cited by9 opinions
- Jardine Estates, Inc. v. Donna Brook Corp.New Jersey Superior Court Appellate Division · 1956
- Moss v. ArnoldCourt of Criminal Appeals of Oklahoma · 1938
- State v. GrantNew Jersey Superior Court Appellate Division · 1992
- State v. WeilerNew Jersey Superior Court Appellate Division · 1986
- In Re Ruth M. BuehrerSupreme Court of New Jersey · 1967
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