Lockett v. State
Supreme Court of Arkansas
Appeal from G-arland Circuit Court; Scott Wood, Judge; 1. The judgment should be quashed because the question asked was irrelevant, and an answer incriminated him. There was no contempt. 78 Ark. 262; 67 Id. 163. 2. The court exceeded its power in assessing the punishment, as the offense was not committed in the presence of the court. The penalty is excessive.
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Appeal from G-arland Circuit Court; Scott Wood, Judge; 1. The judgment should be quashed because the question asked was irrelevant, and an answer incriminated him. There was no contempt. 78 Ark. 262; 67 Id. 163. 2. The court exceeded its power in assessing the punishment, as the offense was not committed in the presence of the court. The penalty is excessive. Kirby’s Digest, §§ 720-2; Const., art. 7, § 26. 78 Ark. 262 is not in point. 1. Petitioner’s rights were waived, under Kirby’s Digest, § 722, when he appeared in person and by counsel and announced ready for trial. 109 Ark. 179. 2. The…
1Opinion of the CourtHumphreys, J.
This is a petition by appellant for writ of certiorari to quash the judgment for contempt against him in the Garland Circuit Court, in which a fine of $1,000 and a.jail sentence of six months was imposed by the court. The facts reflected by the record are that appellant was a witness before the grand jury investigating alleged election frauds occurring in the primary election on August 10, 1920. Certain assessment blanks had been signed by appellant, and, in the course of this examination, the foreman of the grand jury propounded the following question to him: “Where were you when you signed…
2Cases cited1 opinion
- Ex parte ButtSupreme Court of Arkansas · 1906
3Cited by10 opinions
- Dennison v. MobleySupreme Court of Arkansas · 1974
- Rowe v. StateSupreme Court of Arkansas · 1955
- State v. KennerlySupreme Court of South Carolina · 1999
- Ex Parte MorrisSupreme Court of Alabama · 1949
- Garner v. AmslerSupreme Court of Arkansas · 1964
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