In re Buckley

Citations

• 69 Cal. 1
• 10 P. 69
• 1886 Cal. LEXIS 624

Syllabus

<p>Contempt — Agreement to Influence Decision of Court — Evidence. — The proceeding was brought to punish the defendant for an alleged contempt of the Supreme Court. The accusation charged in effect that the defendant, well knowing that the judgments in certain cases then pending before the court had been affirmed, in consideration of a sum of money to be paid him, undertook and agreed with one of the respondents therein to procure the court to render judgments in the respective cases in their favor. The accusation further charged that the defendant, at the time of the alleged agreement, assured the person with whom he made it, and induced him to believe, that he possessed such influence with the court and the members thereof that he could procure the judgments to be so rendered. Held, that the conduct charged in the accusation constituted a contempt of court, but that the guilt of the defendant was not established by the evidence.</p> <p>Id. — Guilt must be Established by Clear and Satisfactory Evidence. — A proceeding to punish for an alleged contempt, not committed in the presence of the court, is criminal or quasi criminal in its nature, and before a conviction can be bad therein the guilt of the accused must he established by clear and satisfactory evidence. A mere preponderance of evidence is not enough.</p>