Legal Opinion · Dissent

People ex rel. Nunns

Appellate Division of the Supreme Court of the State of New York

Decided June 6, 1919Published

Certiorari issued out of the Supreme Court and attested on the 21st day of August, 1918, directed to the County Court of Nassau county and Hon. Lewis J. Smith, county judge of Nassau county, commanding them to certify and return to the office of the clerk of the county of Nassau all and singular their proceedings had in punishing the appellant, Thomas B. Nunns, for a criminal contempt of court.

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Certiorari issued out of the Supreme Court and attested on the 21st day of August, 1918, directed to the County Court of Nassau county and Hon. Lewis J. Smith, county judge of Nassau county, commanding them to certify and return to the office of the clerk of the county of Nassau all and singular their proceedings had in punishing the appellant, Thomas B. Nunns, for a criminal contempt of court. Also an appeal by Thomas B. Nunns from an order of the County Court of Nassau county, entered in the office of the clerk of said county on the 15th day of August, 1918, adjudging him guilty of a…

1Dissent

Putnam, J. (dissenting):

On July 11, 1918, a jury acquitted Louis Schwab and wife, after a trial lasting four days in the Nassau County Court, on an indictment for keeping a disorderly house at Freeport. On July 29, 1918, Thomas B. Nunns, one of this jury, was served with an order to show cause why he should not be punished for contempt. This was based on the affidavits of Mr. Edwards, assistant district attorney, and of three members of the jury.

Mr. Edwards deposed that since the verdict rumors had come to him that Nunns “ had stated to the jurors while in deliberation in the jury room, that…

2Cases cited9 opinions

  1. Gompers v. Bucks Stove & Range Co.Supreme Court of the United States · 1911
  2. McDonald v. PlessSupreme Court of the United States · 1915
  3. People, Ex Rel. v. . Court of Oyer and TermNew York Court of Appeals · 1886
  4. Perry v. BaileySupreme Court of Kansas · 1874
  5. Rutherford v. . HolmesNew York Court of Appeals · 1876

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