State ex rel. Geary v. Kelly

Realtor was charged with a criminal contempt committed outside of the presence of the court in that he discussed a cause in which he was a juror during the time that the court was in recess and against the admonition of the trial court. Upon reconvening the court the relator was informed of the charge and stood mute, neither admitting nor denying the charge. Thereupon the court, construing the contempt as having been in its presence, sentenced relator to six months imprisonment.

It appears from the response that the relator was in fact charged with an indirect criminal contempt and as such was…