CarlLee v. State
Supreme Court of Arkansas
Certiorari to Woodruff Circuit Court, Southern District; Hance N. Hutton, Judge; STATEMENT BY THE COURT. The petitioner, E. M. CarlLee, was adjudged guilty of contempt of court; fined $500 and six months’ imprisonment in the county jail, and the case is before us on petition for certiorari to quash the judgment.
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Certiorari to Woodruff Circuit Court, Southern District; Hance N. Hutton, Judge; STATEMENT BY THE COURT. The petitioner, E. M. CarlLee, was adjudged guilty of contempt of court; fined $500 and six months’ imprisonment in the county jail, and the case is before us on petition for certiorari to quash the judgment. The facts necessary to state are as follows: A citation was issued by the circuit clerk of Woodruff County on January 6 to the petitioner, in vacation, notifying him to appear in the circuit court on the first day of the March term, 1911, on Monday, March 6, to show cause why he…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is contended that the circuit court was without authority to punish the petitioner for a criminal contempt, not committed in its immediate view and presence, without an affidavit or information bringing the facts to its knowledge first made.
Courts of record and general jurisdiction have inherent power to punish for contempts and the conferment of the power by statute upon a superior court of record is deemed no more than declaratory of the common law. Such court may go beyond the powers given by statute in order to preserve and enforce its…
2Cases cited4 opinions
- Gompers v. Bucks Stove & Range Co.Supreme Court of the United States · 1911
- State v. MorrillSupreme Court of Arkansas · 1855
- Matter of ShayCalifornia Supreme Court · 1911
- Ah Kle v. McLeanIdaho Supreme Court · 1891
3Cited by25 opinions
- Robertson v. StateAlabama Court of Appeals · 1924
- Dennison v. MobleySupreme Court of Arkansas · 1974
- Henderson v. DudleySupreme Court of Arkansas · 1978
- Clark v. StateSupreme Court of Arkansas · 1985
- Poindexter v. StateSupreme Court of Arkansas · 1913
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