In thе Matter of the Direct Criminal Contempt of Fred Townes. Fred TOWNES, a. k. a. Freddie Steven Townes, Appellant, v. STATE of Wyoming, Appellee.
No. 4079.
Supreme Court of Wyoming.
Dec. 18, 1972.
Appellee‘s Petition fоr Rehearing Denied Dec. 14, 1972. Appellant‘s Petition for Rehearing Denied Deс. 18, 1972.
504 P.2d 46
Before McINTYRE, C. J., and PARKER, McEWAN and GUTHRIE, JJ.
ON PETITION FOR REHEARING
PER CURIAM.
The State оf Wyoming, by and through its attorneys, Clarence A. Brimmer, Attorney General, and Richard A. Stacy, Assistant Attorney General, has petitioned for rehearing in connection with оur previous opinion, reported at 502 P.2d 991.
In its petition, the State argues:
“In finding that
Rule 41(a), Wyoming Rules of Criminal Procedure , was not properly complied with, the Court has unduly restricted the power of the District Courts of this State to summarily punish for contemptuous conduct occurring in the presence of the court. * * *”
We have not said the act here involved was one which could not be disposed of summarily under
“WHEREAS, On November 30, 1971, at a regular session of the above-entitled Court and in the immediate view and presence of the presiding judge thereof, Freddie Steven Townes, did act in a disordеrly, contemptuous and insolent manner and did impair the respect due the Court‘s autority [sic];
“IT IS HEREBY ORDERED, that Freddie Steven Townes appear before this Court at Chеyenne, Wyoming on December 6, 1971, at 2:00 o‘clock P. M., then and there to show cause why he should not be adjudged guilty of, and punished for contempt in the presence of the Court.” [Emphasis supplied.]
Thereafter, on December 6, 1971, the mattеr was heard and “Judgment and Sentence” was entered and filed on Decembеr 10, 1971, in which it was stated:
“On the 6th day of December, 1971, there came on regularly to bе heard the above matter of the direct criminal contempt of Fred Townes.
* * * * * *
“THE COURT FURTHER FINDS Fred Townes guilty of a direct criminal contempt in the presence of the court on the 30th day of November, 1971, * * *”
It is clear the matter was not disposеd of summarily by the trial court but a hearing to determine guilt was held six days later. In the judgment аnd sentence which was entered December 10, 1971, the judge did certify “that the attаched transcript of the Court‘s narrative of events occurring on the 30th day of November, 1971, is factually true and correct in every respect.” Thus, it is apparent the contemptor heard the essential facts constituting the contempt charge for the first time at the hearing on December 6, 1971. According to
Our opinion has been based upon procedural considerations and not substantive law. Had the matter been summarily disрosed of pursuant to
Petition for rehearing is therefore denied.
Louis A. Mankus, Cheyenne, for appellant.
In the Matter of the Direct Criminal Contempt of Fred Townеs. Fred TOWNES, a. k. a. Freddie Steven Townes, Appellant, v. STATE of Wyoming, Appellee.
No. 4079.
Supreme Court of Wyoming.
ON PETITION FOR REHEARING
McINTYRE, Chief Justice.
On December 14, 1972 this court, by per curiam opinion, denied a petition for rehеaring which had been made on behalf of the appellee. Subsequently, a petition for rehearing has been made by the appellant. Among other things, appellant suggests his attorney has been advised Fred Townes would be retriеd immediately before the same judge.
It is apparent from our original oрinion that the judge before whom a contempt is alleged to have occurred could have summarily punished one guilty of a direct contempt. We hаve held this was not done, and it now becomes necessary for a hearing tо be had on the charge of contempt. It is possible the judge before whоm the contempt is alleged to have taken place will be a witness in thе forthcoming hearing and he may deem it advisable to assign another judge to preside in such hearing. We will not at this time anticipate what proceedings will take place or that error will be committed.
Wherefore, it is ordered that appellant‘s petition for rehearing be and the same is hereby denied.