Crudup v. State

Quillian, Justice.

This case arose out of the citation for contempt of an attorney, John N. Crudup, by the Judge of the City Court of Hall County. On grant of certiorari, we review the judgment of the Court of Appeals affirming the trial judge, Crudup v. State, 106 Ga. App. 833 (129 SE2d 183).

The relevant facts as set out in the citation for contempt as stated by the trial judge are as follows: After counsel had, on numerous occasions, asked repetitious questions on cross-examination of the State’s witnesses despite the admonition of the trial judge, the State rested. Whereupon counsel requested that a witness be recalled for the purpose of cross-examination as to a particular point. The judge ruled that the witness could not be recalled for cross-examination, but that he could *820be called as a witness for the defendant. Counsel stated he did not wish to call the witness for the defendant, “but wanted to recall him about his testimony while on the stand.” The judge again ruled that the witness could not be recalled for the purpose stated and “directed Attorney Crudup to proceed with his defense and call some other witness.” Counsel stated he had no other witness “except the defendant would make a statement,” but that he wanted to put the witness in question back on the stand. The judge again stated to counsel that he could call the witness for the defendant, but could not recall him for further cross-examination to ask him what he testified to earlier in the trial. Counsel then again stated he did not want to call the witness as a witness for the defendant but persisted in his request to recall him for cross-examination as to his testimony given earlier in the trial. At this point, the judge asked counsel if he had any reason to give why he should not be punished for contempt of the court in failing and refusing to abide by the rulings of the court that the witness could not be recalled for the purposes he was insisting on. Counsel replied that “he was not in contempt of court.” Held:

“The power to punish contempts is inherent in every court of record.” Bradley v. State, 111 Ga. 168 (36 SE 630). See also Plunkett v. Hamilton, 136 Ga. 72 (70 SE 781); Atlanta Newspapers v. State, 216 Ga. 399, 402 (116 SE2d 580). There is no question that every court has the power to preserve and enforce order in its immediate presence, and as near thereto as is necessary to prevent interruption, disturbance, or hindrance to its proceedings; that this includes the power to compel obedience to its judgments, orders and processes, and to control, in the furtherance of justice, the conduct of its officers and all other persons connected with a judicial proceeding before it, in every matter appertaining thereto. Code § 24-104. See also Code § 24-105. Further, no attorney shall ever attempt to argue or explain a case, after having been fully heard, and the opinion of the court has been pronounced, on pain of being considered in contempt. Code Ann. § 24-3323 (formerly Code § 24-3306).

Upon a careful perusal of the record it is clearly shown that, after being directed by the trial judge to proceed with his defense and call some other witness, counsel instead continued to insist upon his request contrary to repeated adverse rulings *821by the court. Under such circumstances and mindful of the discretion granted to a trial judge in matters of contempt, we are constrained to the view that the trial judge’s adjudication of contempt was not an enormous, flagrant or gross abuse of his discretion. Cabot v. Yarborough, 27 Ga. 476; Remley v. DeWall, 41 Ga. 466 (5); Hayden v. Phinizy, 67 Ga. 758 (2); Salem v. State, 101 Ga. App. 905 (1) (115 SE2d 447). See also Carson v. Ennis, 146 Ga. 726, 728 (1) (92 SE 221, LRA 1917E 650); Garland v. State, 101 Ga. App. 395, 401 (6), and the dissent at page 427 (114 SE2d 176).

Argued February 11, 1963 Decided April 4, 1963 Rehearing denied April 16, 1963. John Crudup, Robert E. Andrews, for plaintiff in error. C. E. Smith, Jr., Solicitor, contra.

Judgment affirmed.

All the Justices concur, except Duckworth, C. J., Head, P. J., and Candler, J., who dissent.