111 N.E. 478 | NY | 1916
This is an appeal from a final order which adjudged the appellant, George R. Lunn, guilty of criminal contempt of court, and fined him $100 for violating the terms of an injunction order.
Section
Section 752 provides that where a person is committed for a criminal contempt of court, the particular circumstances of his offense must be set forth in the mandate of commitment.
The order in this case does not set forth that the appellant was guilty of a willful disobedience of the court's lawful mandate. The order shows that Lunn disobeyed the injunction but fails to show that his disobedience was willful, which was an essential circumstance of his offense to render him subject to punishment.
For that reason the order appealed from is defective and must be reversed and proceeding dismissed. (People ex rel. Barnes v.Court of Sessions, Albany Co.,
WILLARD BARTLETT, Ch. J., CHASE, COLLIN, CARDOZO, SEABURY and POUND, JJ., concur.
Order reversed, etc.