State v. Anders

Citations

• 64 Kan. 742
• 68 P. 668
• 1902 Kan. LEXIS 271

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contempt op Court — Proceedings for Direct Contempt. A-proceeding under chapter 123 of the-Laws of 1901 (Gen. Stat. 1901, §§1982-1985), to punish for a direct contempt committed in the presence of the court, does not require a written accusation, warrant of arrest, or written plea in defense; therefore, a journal entry showing such summary proceeding constitutes the full record of a case under the statute cited.</p> <p>2. -Disobedience of Subpoena — Indirect Contempt. Disobedience of a subpoena to attend court as a witness is not a direct .contempt, or a contempt committed in the presence of the court, which may be summarily punished, but it is an indirect contempt, committed out of the presence of the court, and, therefore, under the law cited, is punishable only by formal accusation, arrest, plea, and trial.</p> <p>3. -Improper Proceeding — Appellant Discharged. The journal entry in this case shows a trial for indirect contempt conducted summarily as though for the direct offense; held, therefore, that it shows error, and that appellant is entitled to be discharged until formal proceedings against him shall be instituted.</p>