Charles H. Wilson v. R. T. Joughin

WHITFIELD, J. -- The facts are stated in the opinion by the Chief Justice filed herein. In Ex Parte Earman, 85 Fla. 297, 95 So. 755, 31 A.L.R. 1226, the contempt charged was language used in a letter written to a circuit judge by a judge of the municipal court. The letter was not clearly contemptuous in its import and it expressly stated it was written for ""information, and as a communication from a judge of an inferior court to the judge of an appellate court"" as ""a statement of facts."" It was held that under the rules of the common law the writer of the letter could not be adjudged in contempt, where he expressly denied under oath that he wrote the letter with intent to reflect on the circuit judge, the language complained of not being plainly contemptuous. See also Ex Parte Biggers, 85 Fla. 323, 95 So. 763; 6 R.C.L. 525; 13 C.J. 75.