State ex rel. Dorrien v. Hazeltine

Citations

• 82 Wash. 81
• 143 P. 436
• 1914 Wash. LEXIS 1467

Syllabus

<p>Contempt — Proceedings—Affidavit—Necessity. Under Rem. & Bal. Code, § 1052, in eases of constructive contempt, the facts constituting the contempt must be shown by affidavit, and omitted facts cannot be supplied by the proof.</p> <p>Contempt — Newspaper Comment on Trials. Any publication pending a suit, reflecting upon the court, parties, or witnesses and tending to embarrass or influence the court or prevent a fair trial, is contempt of court.</p> <p>Same — Liberty oe the Press. Constitution, art. 1, § 5, guaranteeing the right of free speech and providing that persons shall be responsible for the abuse of the right, does not mean a license to assail the court, parties or witnesses in pending causes, or excuse contempt of court by publication of matter having a reasonable tendency to cause substantial prejudice to a party in a pending cause.</p> <p>Contempt — Constructive—Nature. A proceeding for constructive contempt is quasi criminal and every reasonable doubt, whether of fact or law, must be resolved in favor of the accused.</p> <p>Contempt — Proceedings—Sueeiciency oe Complaint — Newspaper Comment. In constructive contempt for a published article which assumes that one R. will be used as a witness and comments thereon, an affidavit for contempt in that the article “reflects upon the witness” is insufficient, where it names no witness to be used at the trial; as the case is quasi criminal, and the affidavit cannot be extended by a liberal construction.</p> <p>Same. In- constructive contempt by press comment on a pending case, the statements that the prosecuting attorney declines to be frightened or terrorized and filed the information because of the weight of the evidence and his acquaintance with the defendants, does not constitute contempt as unfair press comment on a pending trial, since it does not have a reasonable tendency to create prejudice or prevent a fair trial.</p>