Moody v. State

Deen, Judge.

1. The order adjudging appellant in contempt of court and consequent sentence shows on its face that it is based on two findings of contumacious conduct: failure to appear as directed by a subpoena and appearing in a courtroom while under the influence of alcohol. We consider these findings separately and in inverse order. The court, on conflicting evidence, had a right to determine that the witness was temporarily incapacitated and that this state stemmed from alcohol rather than drugs. Her appearance in that condition in the courtroom, however, was not voluntary but resulted…