Harris v. State
This text of 63 N.E.2d 541 (Harris v. State) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
*603 *602 Upon a rule to show cause why he should not be punished for an indirect criminal con *603 tempt appellant filed his verified answer, purporting to deny or explain all the facts set forth in the citation and to show that no contempt was intended or was in fact committed. He thereupon moved for his discharge. The motion was overruled. Judgment was entered fixing his punishment by fine and imprisonment. This ruling is assigned as error. Appellee’s brief expresses the view that the verified answer was sufficient in law to purge the alleged contempt and we agree. Appellant should have been discharged. If the answer was materially false he may be prosecuted for perjury. State ex rel. Allison v. Marion Municipal Court (1944), 222 Ind. 602, 56 N. E. (2d) 493; Hiner v. State (1932), 204 Ind. 7, 182 N. E. 245.
The judgment is reversed with instructions to discharge appellant.
Note.—Reported in 63 N. E. (2d) 541.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
63 N.E.2d 541, 223 Ind. 602, 1945 Ind. LEXIS 149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-v-state-ind-1945.