Lindsley
Lindsley v. Superior Court
Opinion
Lead Opinion
Plummer, J.
This is an application for a writ of certiorari to review the judgment of the Superior Court of Humboldt County adjudging the defendant guilty of four separate and distinct contempts of court and imposing sentence therefor. The petitioner was adjudged guilty of four distinct contempts of court and sentenced to pay a fine for each separate contempt, or, in default thereof, to be im prisoned in the county jail. The petitioner is charged in the affidavit with having on four different occasions committed contempt of court by reason of printing, publishing, and circulating certain articles in a newspaper known as .the “Humboldt News,” in the county of Humboldt, violative of subdivision 9 of section 1209 of the Code of Civil Procedure. The charge is in four separate and distinct counts and judgment was pronounced upon each count. The petitioner alleges that the affidavit upon which the proceeding is based is insufficient and that no proof of the facts stated in the affidavit was produced at the hearing; that no hearing, in fact, was had. It appears from the affidavit that an action against the petitioner for criminal libel was pending in the Superior Court of Humboldt County; that the…