Ex parte Creasy
Supreme Court of Missouri
Habeas Corpus. (1) The record in this case affirmatively shows that the petitioner was not in contempt of court and did not refuse to answer questions asked him by the foreman of the grand jury, and a court has no power or authority to punish one for something that in point of law and fact is not a contempt of court. State ex rel. v. Lazarus, 37 La.
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Habeas Corpus. (1) The record in this case affirmatively shows that the petitioner was not in contempt of court and did not refuse to answer questions asked him by the foreman of the grand jury, and a court has no power or authority to punish one for something that in point of law and fact is not a contempt of court. State ex rel. v. Lazarus, 37 La. Ann. 314; In re Clark, 208 Mo. 121; In re Dell, 32 Kan. 668; In re Ayers, 123 U. S. 507; Ex parte Fisk, 113 U. S. 713; Bushell’s Case, 1 Vaughn, 135, 6 Hów. St. Tr. 999; People v. Kavanaugh, 220 111. 49; State ex rel. v. Wear, 135 Mo. 265; 7 Am. &…
1Opinion of the CourtKennish, J.
The petitioner, H. P. Creasy, presented his application for a writ of habeas corpus to a member of Division No. 2 of this court, in vacation, alleging in his petition that he was unlawfully imprisoned and restrained of his liberty by the sheriff of Boone county. The writ was granted as prayed,' and made returnable to said Division No. 2, at the October term thereof, 1911. In due time the sheriff made return, whereupon the petitioner filed a reply, which, under the agreed statement of facts, may be treated as a demurrer to the return. The case was submitted for decision upon an agreed…
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