26 Ga. App. 83 | Ga. Ct. App. | 1920
Only the second headnote needs elaboration. A rule nisi was issued by the judge of the city court of Black-shear against B. H. Morgan, calling upon him to show cause why he should not be adjudged in contempt of court because he “ did accost and abuse” C. A. Thomas, a witness, about the evidence
In his brief counsel for the plaintiff in error insists that “ the conduct of the plaintiff in error was not in the presence of the court, was not in his hearing, did not disturb the court, did not disturb any one connected with the court, and therefore the judge of the city court of Blackshear was without jurisdiction of the subject-matter, and had no authority under the law to impose a sentence as for a contempt. ” We recognize the distinction drawn by Chief Judge Hill in Hewitt v. State, 12 Ga. App. 168 (76 S. E. 1054), in reference to the two classes of courts in this State and the power of each to punish for contempt. Under that ruling the power of the city court of Blackshear to punish for contempt is fixed by § 4643 of the Civil Code of 1910, which is as follows: “ The powers of the several courts in this State to issue attachments and inflict summary punishment for contempt of court shall not extend to any cases, except the misbehavior of any person or persons in the presence of said courts or so near thereto as to obstruct the administration of justice, the misbehavior of any of the officers of, said courts in their official transactions, and the disobedience or resistance by any officer of said courts, party, juror, witness, or other person or persons to any lawful writ, process, order, rule, decree or command of the said courts:”
In the case of Savin, 131 U. S. 267 (9 Sup. Ct. 699, 33 L. ed. 150), the Supreme Court of the United States had under consideration a statute which provided 'that the “power to punish for contempt shall not be construed to extend to any cases except the misbehavior of any person or persons in the presence of said courts or so near thereto as to obstruct the administration of justice.” It will be observed that this statute is almost identical with section 4643 of the Civil Code of 1910 quoted above. Mr. Justice Harlan, in the opinion in that case, said: “ Flores, we have seen, was in attendance upon the court in obedience to a subpoena commanding him to appear as a witness in behalf of one of the parties to a case then being tried. While he was so in attendance, and when in the jury-room, temporarily used as a witness-room, the appellant endeavored to deter him from testifying in favor of the government, in whose behalf he had been summoned; and, on the same occasion, and while the witness was in the hallway of the court-room, the appellant offered him money not to testify against Goujon, the defendant in that case. Was not this such misbehavior upon the part of the appellant as made him liable under § 725 to fine or imprisonment, at the discretion of the court? This question cannot reasonably receive any other than an affirmative answer. The jury-room and hallway where the misbehavior occurred were parts of the place in which the court was required by law to hold its sessions. It was held in Heard v. Pierce, 8 Cush. 338, 341, that ‘the grand jury, like the petit jury, is an appendage of the court, acting under the authority
Under the above ruling, as well as under our own view as to the proper construction of the law, the judge did not err in holding that the accused be “ adjudged in contempt of court, ” and in making the rule absolute.
Judgment affirmed.