Lee R v. Souder

Missouri Court of Appeals

Lee R v. Souder

305 S.W.2d 888, 1957 Mo. App. LEXIS 555

CourtMissouri Court of Appeals

DecidedOctober 23, 1957

DocketNo. 7679

StatusPublished

This text of 305 S.W.2d 888 (Lee R v. Souder) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lee R v. Souder, 305 S.W.2d 888, 1957 Mo. App. LEXIS 555 (Mo. Ct. App. 1957).

Pincite

Opinion

STONE, Judge.

In this original proceeding in habeas corpus, which is a companion case with G- v. Souder, 305 S.W.2d 883, petitioner, Lee R-, likewise is held by the Sheriff of Douglas County, Missouri,, under a “capias execution” which states that Lee “was convicted of the offense of' contempt of court and his punishment was-assessed at a term of thirty days in the county jail.” As in Mary’s case, Lee’s conviction was upon a verified information filed' by the Prosecuting Attorney of Douglas County under Section 211.400 RSMo 1949, V.A.M.S., in a separate case styled State-of Missouri v. Lee R- (hereinafter referred to as the contempt proceeding). After similar preliminary recitals that on the 5th day of April, 1957, in the Juvenile Court of Douglas County, Mary’s three ■ minor children “were adjudged to be neglected children and in need of the protection of said Juvenile Court” and that “it was ordered and adjudged that Lee R-should not visit the home of Mary G-where said children reside,” the information charged that Lee “negligently dis- - obeyed said orders and judgments so made-of April 5th, 1957, by visiting in the home-of Mary G-.” Following trial, the-court entered a “judgment of guilty of the charge of contributing to the neglect of' children who are wards of the Juvenile Court of Douglas County” and assessed’ punishment. Subsequently, defendant was sentenced and the court ordered “defendant committed.”

For all of the reasons discussed' in Mary’s case, and for yet another, Lee also must be discharged. Lee was not a party to the neglect proceeding. The order of April 5, 1957, in that proceeding was not directed to him. And although the order in ■ the neglect proceeding recited that Mary was present, nothing in the record before us . indicates that Lee was then in court or that he had any knowledge of that order, , prior to institution of the contempt proceeding against him. Under these circumstanc- - [889]*889es, Lee’s commitment for contempt may not be sustained. Consult Ex parte Martin, 330 Mo. 1142, 52 S.W.2d 405; 17 C.J.S. Contempt § 18, p. 23; Ibid., § 72b (2), p. 92; 12 Am.Jur., § 24, p. 405. And note the comment in Ex parte Le Mond, 295 Mo. 586, 594, 245 S.W. 1057, 1058, that “'(disobedience of an order by one to whom it is not addressed is not contempt.’ ”

The petitioner should be and is discharged.

McDowell, p. j., and ruark, j., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

STONE, Judge.

In this original proceeding in habeas corpus, which is a companion case with G- v. Souder, 305 S.W.2d 883, petitioner, Lee R-, likewise is held by the Sheriff of Douglas County, Missouri,, under a “capias execution” which states that Lee “was convicted of the offense of' contempt of court and his punishment was-assessed at a term of thirty days in the county jail.” As in Mary’s case, Lee’s conviction was upon a verified information filed' by the Prosecuting Attorney of Douglas County under Section 211.400 RSMo 1949, V.A.M.S., in a separate case styled State-of Missouri v. Lee R- (hereinafter referred to as the contempt proceeding). After similar preliminary recitals that on the 5th day of April, 1957, in the Juvenile Court of Douglas County, Mary’s three ■ minor children “were adjudged to be neglected children and in need of the protection of said Juvenile Court” and that “it was ordered and adjudged that Lee R-should not visit the home of Mary G-where said children reside,” the information charged that Lee “negligently dis- - obeyed said orders and judgments so made-of April 5th, 1957, by visiting in the home-of Mary G-.” Following trial, the-court entered a “judgment of guilty of the charge of contributing to the neglect of' children who are wards of the Juvenile Court of Douglas County” and assessed’ punishment. Subsequently, defendant was sentenced and the court ordered “defendant committed.”

For all of the reasons discussed' in Mary’s case, and for yet another, Lee also must be discharged. Lee was not a party to the neglect proceeding. The order of April 5, 1957, in that proceeding was not directed to him. And although the order in ■ the neglect proceeding recited that Mary was present, nothing in the record before us . indicates that Lee was then in court or that he had any knowledge of that order, , prior to institution of the contempt proceeding against him. Under these circumstanc- - [889]*889es, Lee’s commitment for contempt may not be sustained. Consult Ex parte Martin, 330 Mo. 1142, 52 S.W.2d 405; 17 C.J.S. Contempt § 18, p. 23; Ibid., § 72b (2), p. 92; 12 Am.Jur., § 24, p. 405. And note the comment in Ex parte Le Mond, 295 Mo. 586, 594, 245 S.W. 1057, 1058, that “'(disobedience of an order by one to whom it is not addressed is not contempt.’ ”

The petitioner should be and is discharged.

McDowell, p. j., and ruark, j., concur.

Cite This Page — Counsel Stack

Bluebook (online)

305 S.W.2d 888, 1957 Mo. App. LEXIS 555, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lee-r-v-souder-moctapp-1957.

Opinion

Related

Cite This Page — Counsel Stack