Ex Parte Rowe

Citations

• 7 Cal. 181

Syllabus

<p>Ifc is the right and duty of the Supreme Court on habeas corpus to review the decisions of inferior Courts in cases of contempt, as well as in others.</p> <p>A commitment for contempt “in refusing to answer certain questions propounded to the witness by the grand jury,” is not a compliance with the statute, which requires that when the contempt consists in the omission to do an act which it was in the power of the person to perform, “the act shall be specified in the commitment.” It does not appear from such commitment whether the questions were legal or not.</p> <p>In such a case, the commitment should state that the grand jury were inquiring into a certain question, stating it; that the prisoner was sworn as a witness, and certain , questions asked him, stating them; that he refused to answer; that the facts were thereupon presented to the Court by the grand jury, and the prisoner required by the Court to answer, which being refused by the prisoner, he was committed for contempt. And this rule is based upon the power of an appellate Court to review, on habeas corpus, the proceedings of an inferior Court in cases of contempt.</p> <p>The character of the questions need not be made public, as they could be propounded in writing.</p>