In re Bevins

Citations

• 25 Haw. 544
• 1920 Haw. LEXIS 31

Syllabus

<p>Contempt — record.</p> <p>A recital in the mittimus that the accused “in a contemptuous and insulting manner * * * made certain statements intimating, and intending to intimate, the incompetency of the judge,” etc., is not a compliance with the provisions of section 4056 R. L. 1915 which provides that “Whenever any person shall be adjudged guilty of any contempt or sentenced therefor, the particular circumstances of the offense shall be fully set forth in such judgment and in the order or warrant of commitment.”</p> <p>Same — same.</p> <p>The language itself should be set out in the mittimus to enable the reviewing court to determine whether the judge of the court below properly assumed that the petitioner intimated, or intended to intimate, the incompetency of the judge.</p> <p>Same — legislative authority.</p> <p>The right to punish for direct contempt is inherent in every court of record and it is doubtful if that right can be taken away by legislative enactment, but the procedure is purely statutory and compliance with the statute in respect thereto must be had.</p>