People v. Stewart

While testifying as the People’s witness in a murder and aggravated battery prosecution, defendant Perrin Stewart III exhibited symptoms similar to one who is under the influence of narcotics. After a sidebar conference, the trial judge requested Stewart to submit to a urine test in order to determine the presence of narcotics in his body. After conferring with an attorney, Stewart refused to submit to the test and was thereafter found in direct criminal contempt. He was sentenced to serve 90 days imprisonment.

On appeal Stewart argues that the trial court should not have found him in contempt…