Legal Opinion

State v. Brownell

Oregon Supreme Court

Decided January 25, 1916PublishedCited by 6 opinions

From Lane: James W. Hamilton, Judge. Statement by Mr. Justice Benson. On April 3, 1915, the district attorney for Lane County filed in the Circuit Court for such county an affidavit in the following language: “I, Desta Carter, being first duly sworn, say: That I am the wife of one Elzia Carter and the mother of Monneita Carter and Gertrude Carter; that an information was filed in the office of J. E. Wells, justice of the peace for Eugene justice district, Lane County,…

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From Lane: James W. Hamilton, Judge. Statement by Mr. Justice Benson. On April 3, 1915, the district attorney for Lane County filed in the Circuit Court for such county an affidavit in the following language: “I, Desta Carter, being first duly sworn, say: That I am the wife of one Elzia Carter and the mother of Monneita Carter and Gertrude Carter; that an information was filed in the office of J. E. Wells, justice of the peace for Eugene justice district, Lane County, Oregon, charging Elzia Carter with the crime of rape with and upon Monneita Carter, who was the daughter of said Elzia Carter,…

1Opinion of the CourtJustice Benson

1. The entire record.in this contempt proceeding consists of the affidavit, the plea of guiltyK and the judgment of the court. Appellant’s sole contention is that the sentence is in excess of the power of the court to provide for a contempt of this character. Section 670, L. O. L., in part, reads as follows:

*128“The following acts or omissions, in respect to a court of justice, or proceedings therein, are deemed to be contempts of the authority of the court:
“1. Disorderly, contemptuous, or insolent behavior toward the judge while holding the court, tending to impair its authority or to interrupt…

2Cited by6 opinions

  1. Sadler v. Oregon State BarOregon Supreme Court · 1976
  2. Rust v. PrattOregon Supreme Court · 1937
  3. State v. DriscollOregon Supreme Court · 1935
  4. STATE Ex Rel OREGON STATE BAR v. LENSKEOregon Supreme Court · 1965
  5. STATE Ex Rel OREGON STATE BAR v. LENSKEOregon Supreme Court · 1965

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