Spruell v. State

Court of Appeals of Georgia

Spruell v. State

244 S.E.2d 636, 145 Ga. App. 720, 1978 Ga. App. LEXIS 2103

CourtCourt of Appeals of Georgia

DecidedApril 20, 1978

Docket55712

StatusPublished

Cited by7 cases

This text of 244 S.E.2d 636 (Spruell v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Spruell v. State, 244 S.E.2d 636, 145 Ga. App. 720, 1978 Ga. App. LEXIS 2103 (Ga. Ct. App. 1978).

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Opinion

Deen, Presiding Judge.

It has long been the law of this state that while a trial judge may, for a direct criminal contempt committed in the presence of the court, hold the offender in contempt without a hearing and impose punishment, acting on his *721 own knowledge of the facts, to do so he must in his order set forth fully and clearly the facts found and conclusions of law upon which the order is based. Brown v. Homes, 131 Ga. App. 148 (205 SE2d 716) (1974). The order sentencing the offending attorney in this case does neither. It is true that there are attached td the order three pages of colloquy between the court and counsel in another case, but the order does no more than refer to this addendum without stating either the facts found or the conclusions drawn therefrom. It is accordingly insufficient as a matter of law.

Argued April 4, 1978 — Decided April 20, 1978. William V. Hall, Jr., for appellant. M. Randall Peek, District Attorney, Robert E. Wilson, Assistant District Attorney, Moulton, Corriere, Cavan & Maloof, J. Wayne Moulton, for appellee.

Judgment reversed and remanded for further proceedings.

Smith and Banke, JJ., concur.

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Deen, Presiding Judge.

It has long been the law of this state that while a trial judge may, for a direct criminal contempt committed in the presence of the court, hold the offender in contempt without a hearing and impose punishment, acting on his *721 own knowledge of the facts, to do so he must in his order set forth fully and clearly the facts found and conclusions of law upon which the order is based. Brown v. Homes, 131 Ga. App. 148 (205 SE2d 716) (1974). The order sentencing the offending attorney in this case does neither. It is true that there are attached td the order three pages of colloquy between the court and counsel in another case, but the order does no more than refer to this addendum without stating either the facts found or the conclusions drawn therefrom. It is accordingly insufficient as a matter of law.

Argued April 4, 1978 — Decided April 20, 1978. William V. Hall, Jr., for appellant. M. Randall Peek, District Attorney, Robert E. Wilson, Assistant District Attorney, Moulton, Corriere, Cavan & Maloof, J. Wayne Moulton, for appellee.

Judgment reversed and remanded for further proceedings.

Smith and Banke, JJ., concur.

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Bluebook (online)

244 S.E.2d 636, 145 Ga. App. 720, 1978 Ga. App. LEXIS 2103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spruell-v-state-gactapp-1978.

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