State v. . Mott
Supreme Court of North Carolina
Appeal from an order made by Ms Honor, Judge Elijs, at the Eall'Term, 1856, of Caldwell Superior Court, committing the defendant for a contempt.
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Appeal from an order made by Ms Honor, Judge Elijs, at the Eall'Term, 1856, of Caldwell Superior Court, committing the defendant for a contempt. The order appealed from is in these words, viz : “ James Mott is ordered by the Court to be imprisoned till nine o’clock on to-morrow morning, for a contempt of Court, by making a- loud noise within the hearing of the Court, and to the disturbance of the same, and offering resistance while under arrest, in the presence of the Court.” Erona this order the Court allowed the defendant to appeal.
1Opinion of the CourtNash, C. J.
Tbe defendant, for a contempt of Court, was ordered into custody and sentenced to imprisonment until nine oc’lock the succeeding morning ; from this judgment he was permitted to appeal to this Court. The power of the Court, at common law, to punish for a contempt, is not questioned, and it is also admitted, that by the law, as it existed previously to the act of the General Assembly, passed at its session of 1846, no right of appeal existed; but it is contended that the Act of 1846, requiring the particulars for which the party is punished, to be spread upon the record, author-ises the…
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