25-2121. Conduct constituting contempt; powers of court of record to punish.

Every court of record shall have power to punish by fine and imprisonment, or by either, as for criminal contempt, persons guilty of (1) disorderly, contemptuous, or insolent behavior towards the court, or any of its officers in its presence; (2) any breach of the peace, noise, or other disturbance tending to interrupt its proceedings; (3) willful disobedience of or resistance willfully offered to any lawful process or order of said court; (4) any willful attempt to obstruct the proceedings, or hinder the due administration of justice in any suit, proceedings, or process pending before the courts; or (5) contumacious and unlawful refusal to be sworn or affirmed as a witness, and when sworn or affirmed, refusal to answer any legal and proper interrogatory.

Source:R.S.1867, Code § 669, p. 512; R.S.1913, § 8236; C.S.1922, § 9189; C.S.1929, § 20-2121; R.S.1943, § 25-2121.

Annotations

25-2122. Punishment; procedure.

Contempts committed in the presence of the court may be punished summarily; in other cases the party upon being brought before the court, shall be notified of the accusation against him, and have a reasonable time to make his defense.

Source:R.S.1867, Code § 670, p. 512; R.S.1913, § 8237; C.S.1922, § 9190; C.S.1929, § 20-2122; R.S.1943, § 25-2122.

Annotations

25-2123. Effect of punishment upon criminal liability.

Persons punished for contempt under the preceding provisions shall nevertheless be liable to indictment, if such contempt shall amount to an indictable offense; but the court before which the conviction shall be had may, in determining the punishment, take into consideration the punishment before inflicted in mitigation of the sentence.

Source:R.S.1867, Code § 671, p. 513; R.S.1913, § 8238; C.S.1922, § 9191; C.S.1929, § 20-2123; R.S.1943, § 25-2123.

Annotations