Welch v. State

Welch was not present when roll was called at a docket sounding and the judge issued a bench warrant for his arrest. Welch was twenty-ninth on the list of cases. Shortly after roll call, Welch entered the courtroom. The judge advised him that his late appearance constituted contempt of court. Welch explained that “before they opened the doors I had to use the bathroom here and I took a little time there.” The court found Welch guilty of contempt and sentenced him to six months in the county jail, suspended, and required him to report to probation. We reverse.

First, the court’s order of…