Ex parte Winn
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, First Division; Robt. J. Lea, Judge; 1. Direct contempt can only be committed in the presence of the court or so near thereto as to obstruct the administration of justice.
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Appeal from Pulaski Circuit Court, First Division; Robt. J. Lea, Judge; 1. Direct contempt can only be committed in the presence of the court or so near thereto as to obstruct the administration of justice. Insolent conduct toward the court or judge, to constitute contempt, must occur while the court or judge is engaged in the discharge of a judicial duty. 9 Cyc. 19. Certiorari is the proper remedy to bring into the circuit court for correction void proceedings of inferior courts. Kirby’s Dig., § § 1310, 1315 and 1316; 73 Ark. 358; 87 Ark. 47. Where the judgment fails to set out the facts…
1Opinion of the CourtMcCulloch, C. J.
The petitioner, Oscar H. Winn, is an attorney at law, licensed to practice in the courts of this State, and resides in the city of Little Rock; and on February 6, 1912, the police court of that city imposed a fine on him for contempt, alleged to have been committed in the presence of the court. The record was carried up to the circuit court by certiorari, and on trial de novo the petition for certiorari was by judgment of that court dismissed, from which judgment petitioner has prosecuted an appeal to this court.
No question is raised here by the respondent as to the form in which a review by…
2Cited by4 opinions
- Dennison v. MobleySupreme Court of Arkansas · 1974
- Poindexter v. StateSupreme Court of Arkansas · 1913
- Freeman v. StateSupreme Court of Arkansas · 1934
- Albano v. CommonwealthMassachusetts Supreme Judicial Court · 1944