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Ex parte Hough

Ex parte Robert HOUGH

Ex parte Hough, 544 S.W.2d 333 (Mo. Ct. App. 1976)
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Court
Missouri Court of Appeals · State Appellate Courts
Decided
November 30, 1976
Docket
No. 10541
Judges
Billings, Flanigan, Stone
Citations
544 S.W.2d 3331976 Mo. App. LEXIS 2287

Opinion of the Court — Billings

Text extracted by OCR from a scanned original; check the original for exact wording.

BILLINGS, Chief Judge.

In this original proceeding in habeas corpus the petitioner charged he was being unlawfully restrained of his liberty by respondent Sheriff of Greene County. He alleged he had been charged with contempt in three cases in the Circuit Court of Greene County and was sentenced to three concurrent ninety-day sentences.

Among other things, petitioner contended his imprisonment under the sentences was *334 illegal because the purported commitment failed to set forth the particular circumstances of the offense as required by § 476.-140, RSMo 1969. 1

The purported commitment recites the appearance of the parties, that a hearing was conducted on motions for contempt in three cases and concludes: “It is the judgment of the court that Robert Hough be sentenced to Greene County Jail for a period of ninety (90) days in [each case], said three sentences to run concurrently for total sentence of 90 days.”

Following our issuance of the writ of habeas corpus we scheduled a hearing at which time counsel for respondent admitted the purported commitment was insufficient as a matter of law.

The requirements of the statute are mandatory in criminal contempt proceedings. Ex parte Brown, 530 S.W.2d 228 (Mo. banc 1975); Ex parte Huff, 516 S.W.2d 778 (Mo.App.1974); In re Randolph, 474 S.W.2d 86 (Mo.App.1971); Glenn v. Hendrix, 349 S.W.2d 532 (Mo.App.1961).

Petitioner ordered discharged.

All concur.

. “Whenever any person shall be committed for any contempt specified in sections 476.010 to 476.310, the particular circumstances of his offense shall be set forth in the order or warrant of commitment.”

Also see Rule 35.01, V.A.M.R.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1980: 11988: 119802026peak 1980 · 1

Relies on it most ⓘ

  1. State ex rel. Robinson v. Hartenbach754 S.W.2d 568 (Mo. 1988)
  2. Ex Parte Ryan607 S.W.2d 888 (Mo. Ct. App. 1980)

Most recent

  1. State ex rel. Robinson v. Hartenbach754 S.W.2d 568 (Mo. 1988)
  2. Ex Parte Ryan607 S.W.2d 888 (Mo. Ct. App. 1980)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Ex Parte Brown, 530 S.W.2d 228 (Mo. 1975) 18
Glenn v. Hendrix, 349 S.W.2d 532 (Mo. Ct. App. 1961) 7
Boone Box Co. v. Phillips, 474 S.W.2d 86 (Ky. Ct. App. 1971) 2
Ex parte Huff, 516 S.W.2d 778 (Mo. Ct. App. 1974) 1

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