In re Finn

A petition for writ of habeas corpus was filed by George D. Gideon for Charles C. Finn alleging that Charles Finn was unlawfully imprisoned by the Sheriff of Los Angeles County. The petition set forth, among other things, that the imprisonment was illegal for the reason that, “. . . Charles Finn has been committed . . . to . . . jail . . . for two days for contempt of court in failing to comply with a prior order of the Superior Court of Los Angeles, made Oct. 3, 1957, by the Honorable Jesse Frampton, which prior order enjoined said Charles Finn from making any claim to or upon a certain aircraft. That Charles Finn later stated orally that he was part owner of said aircraft and was for this reason adjudged in contempt of court. It is contended that the above mentioned prior order and the subsequent contempt order are in excess of the court’s jurisdiction to the extent that they deny Charles Finn his right of free speech guaranteed him under Article I, section 9 of the California Constitution, and the First Amendment of the U.S. Constitution.”

The preliminary injunction, with which we are concerned in this mater, was signed on October 29, 1957, and a copy thereof was served upon…