In Re Hinman

Habeas corpus to review a judgment of imprisonment for contempt.

We will confine this opinion to matters relating to Count III of the order to show cause for the reasons hereinafter stated.

The petitioner’s principal point in attacking the validity of the judgment, as it relates to Count III, is that he was charged in a single count with three possible contempts and that by reason thereof he was unable to prepare his defense, that he was not apprised of the precise charge against him and, therefore, would be unable to properly plead double jeopardy in the event a further prosecution was had on the subject of the three separate orders.

Petitioner is the defendant in a divorce action filed by his wife against him on February 13, 1963, entitled “Marcia B. Hinman, Plaintiff, v. Charles W. Hinman, Mildred E. Bates, John Doe, Richard Doe, Mary Doe and Susan Doe, Defendants” numbered D625330 in the Superior Court of the State of California for the County of Los Angeles. After trial of the action, and on March 13, 1964, an interlocutory decree of divorce was entered wherein the following order, material to the issues herein, was made. “5. Defendant Charles W. Hinman is hereby ordered…