Hunter v. State

This is in response to an inquiry submitted by one of the Judges of the Court of Appeals, under the provisions of § 88, Title 13, Code of 1940. The inquiry will be set out in the report of the case.

There is no statutory or constitutional provision directing the procedure by which a constructive criminal contempt shall be begun.

But since it involves the power of the court to fine and imprison and sometimes to arrest the accused, the requirements of the Constitution affecting those incidents have application.

Sometimes a constructive contempt is begun by issuing a warrant of arrest requiring the…