Clair v. State
Nebraska Supreme Court
Error to the district court for Douglas county. Tried below before Scott, J. The facts are stated in the opinion. Filing the motion to quash the indictment did not constitute a contempt of court. (Rapalje, Contempts, sec. 28; Mullin v. People, 24 Pac. Rep. [Col.], 880; In re Dalton, 26 Pac. Rep. [Kan.], 673; Ex parte Curtis, 3 Minn., 274; Neel v. State, 9 Ark., 259; Dunham v. State, 6 la., 245; State v. Anderson, 40 la., 207; MaFadden v. Reynolds, 11 Atl.
Read the full summary
Error to the district court for Douglas county. Tried below before Scott, J. The facts are stated in the opinion. Filing the motion to quash the indictment did not constitute a contempt of court. (Rapalje, Contempts, sec. 28; Mullin v. People, 24 Pac. Rep. [Col.], 880; In re Dalton, 26 Pac. Rep. [Kan.], 673; Ex parte Curtis, 3 Minn., 274; Neel v. State, 9 Ark., 259; Dunham v. State, 6 la., 245; State v. Anderson, 40 la., 207; MaFadden v. Reynolds, 11 Atl. Rep. [Pa.], 638; Thomas v. People, 23 Pac. Rep. £Co].],.327.) The charge to the grand jury was inflammatory and prejudicial. (Criminal…
1Opinion of the CourtPost, J.
This is a petition in error and brings before us for review the judgment of the district court for Douglas county, whereby the plaintiff in error was adjudged guilty of contempt of court and sentenced to pay a fine of $25, and in default thereof to be committed to the county jail. The-alleged contempt consists in the filing, as attorney for the defendant, in the ease of State of Nebraska v. Edward F. Moriarty, then pending in said court, of a motion in the following language:
Comes now the defendant in the above entitled cause and moves the court to quash the indictment herein for the…
2Cases cited1 opinion
- State v. TurlingtonSupreme Court of Missouri · 1890
3Cited by7 opinions
- The People v. SherwinIllinois Supreme Court · 1929
- Blau v. StateMississippi Supreme Court · 1903
- State v. LawlerWisconsin Supreme Court · 1936
- Blake v. StateCourt of Criminal Appeals of Oklahoma · 1932
- State v. McCoyIndiana Court of Appeals · 1929
2 more not listed; retrieve them via the Exa API.