APOIAN v. State

I concur fully in the opinion of the Court, but I write separately to express my doubts about the sufficiency of the evidence on which the court below based its finding of contempt.4 We have held before that a *803witness can be convicted of criminal contempt for his failure to appear as directed by a subpoena only upon proof that the subpoena was, in fact, served upon the witness and that it was served by means authorized by OCGA § 24-10-23 or other law. In Edenfield v. State, 147 Ga. App. 502 (249 SE2d 316) (1978), a prosecuting attorney attempted to serve a state trooper with a subpoena by…