State v. Kayser
New Mexico Supreme Court
Appeal from District Court, Torrance County; E. L. Medler, Judge. Affidavit or information by tbe State of New Mexico against Augustin Kayser for contempt of court. Demurrer to affidavit or information overruled, and motion to discharge the rule overruled, and defendant found guilty and sentenced to jail, and from the judgment and sentence, he appeals.
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Appeal from District Court, Torrance County; E. L. Medler, Judge. Affidavit or information by tbe State of New Mexico against Augustin Kayser for contempt of court. Demurrer to affidavit or information overruled, and motion to discharge the rule overruled, and defendant found guilty and sentenced to jail, and from the judgment and sentence, he appeals. Court was without jurisdiction because there was not sufficient information or affidavit of person having knowledge of the facts to support the proceeding. In re Dorothy P. Pullen, 17 N. M. 349; 22 Cyc. 283; Snyder v. State, 552 N. E. 152; 2 L.…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, J.
(after stating the facts as above).
[1] The first proposition relied upon by appellant for a reversal here is that there was no sufficient information or affidavit of any person having knowledge of the facts. In a majority of the jurisdictions “the affidavit filed as the basis of a proceeding to punish for a contempt, not committed in the presence of the court, must state positive knowledge. If made upon information and belief, it is insufficient.” See note to the case of State v. Newton, 16 N. D. 151, 112 N. W. 52, 14 Ann. Cas. 1035. Appellant does not contend…
2Cases cited7 opinions
- United States v. ShippSupreme Court of the United States · 1906
- Brannon v. CommonwealthCourt of Appeals of Kentucky · 1915
- Dodge v. StateIndiana Supreme Court · 1895
- State ex rel. Harvey v. NewtonNorth Dakota Supreme Court · 1907
- Murphy v. WrightSupreme Court of Iowa · 1914
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. Contempts of WisniewskiNew Mexico Supreme Court · 1985
- Seven Rivers Farm, Inc. v. ReynoldsNew Mexico Supreme Court · 1973
- Case v. StateNew Mexico Supreme Court · 1985
- State Ex Rel. Neumann v. KellerNew Mexico Supreme Court · 1932
- State v. MorrisNew Mexico Supreme Court · 1965
6 more not listed; retrieve them via the Exa API.