State v. Nicoll

(dissenting) — I, dissent from the majority opinion in so far as it affirms the judgment of the trial court finding the attorney, Herbert H. DeWolfe, guilty of contempt and imposing upon him a fine of $100, for the reason that I do not think said court had any jurisdiction to make such an order. I take it as conceded that any contempt that may have been committed by said attorney was not committed in the immediate view and presence of the court, as contemplated by Bal. Code, § 5800. This being true, the only method of procedure for the court to adopt, as against said DeWolfe, was that…