People ex rel. Choate v. Barrett
New York Supreme Court
Certiorari to review the commitment of Dilworth Choate for contempt of court. The opinion of Justice Barrett at oyer and terminer, on return of the order to show cause, was as follows: “ * It is a duty imposed upon all courts to preserve order in court, and see to it that its proceedings are not interrupted,’ said Judge Mason, in People v. Court of Oyer and Terminer, 27 How.
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Certiorari to review the commitment of Dilworth Choate for contempt of court. The opinion of Justice Barrett at oyer and terminer, on return of the order to show cause, was as follows: “ * It is a duty imposed upon all courts to preserve order in court, and see to it that its proceedings are not interrupted,’ said Judge Mason, in People v. Court of Oyer and Terminer, 27 How. Pr. 18, ‘ or that the respect and authority due to the court are not impaired; and the statute, to enable the court to discharge this duty, confers the necessary power upon the court.’ In the matter at bar there is no…
1Opinion of the CourtVan Brunt, P. J.
Little need be added to the opinion rendered by Mr. Justice Barrett upon the return of the order to show cause why the relator should not be punished for contempt. We think that it is therein conclusively established that a petit jury is a body directly and immediately a constituent part of the court, and the petit jury room an adjunct to the court, and that the petit jury is as much a part of the court as the judge, himself, who presides. The judge is not the court, the court-room is not the court, the jury-*325room is not the court, nor is the petit jury the court, but the court consists of all…
2Cited by36 opinions
- Ungar v. SarafiteSupreme Court of the United States · 1964
- People Ex Rel. Taylor v. . ForbesNew York Court of Appeals · 1894
- Matter of Douglas v. AdelNew York Court of Appeals · 1935
- Lamberson v. Superior Court of Tulare Cty.California Supreme Court · 1907
- People v. CochraneIllinois Supreme Court · 1923
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