In Re Patterson
Supreme Court of North Carolina
Con tempt — Punishment—-Habeas Corpus. This was a rule served upon the respondents to show cause why they should not be punished for contempt, heard before Graves, J., at Spring Term, 1887, of Buncombe Superior Court.
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Con tempt — Punishment—-Habeas Corpus. This was a rule served upon the respondents to show cause why they should not be punished for contempt, heard before Graves, J., at Spring Term, 1887, of Buncombe Superior Court. One Charles W. Goodlake was charged in the affidavit of J. E. Conner, a citizen of Tennessee and Sheriff of Hamilton County therein, with having made in that State an assault upon J. E. Burlington, with intent to commit murder, a crime punishable there by law with confinement in the State prison for a term not less than two years, and as a fugitive from justice, found in the…
1Opinion of the Court
Smith, C. J.,
(after stating the case). The Judge finds as a fact that the prisoner Goocllake is out of the State and beyond the control of said Patterson, who, with the co-respondent Deaver, against whom the proceedings are directed, “cannot produce him.” The action now taken is not, therefore, to compel obedience to any mandate of the Court, for this has become impracticable, but as punitory only in its aims and operation. The parties still remain exposed to a criminal prosecution for the offence, in which, upon conviction by a jury, ample punishment can be awarded. Neither is it a means of…
2Cases cited4 opinions
- Baker v. . CordonSupreme Court of North Carolina · 1882
- Cromartie v. Commissioners of BladenSupreme Court of North Carolina · 1881
- In Re WalkerSupreme Court of North Carolina · 1880
- In the Matter of Brinson, Public Adm'rSupreme Court of North Carolina · 1875
3Cited by6 opinions
- Ex parte CreasySupreme Court of Missouri · 1912
- Ex Parte OwensCourt of Criminal Appeals of Oklahoma · 1927
- In Re BrownSupreme Court of North Carolina · 1915
- In Re T. J. ParkerSupreme Court of North Carolina · 1919
- Keys v. . AlligoodSupreme Court of North Carolina · 1919
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