Public-domain · open source
OpenJurist

1 Smith & H. 69

Lockwood v. State

Indiana Supreme Court

Decided May 15, 1848

Indiana Supreme Court · decided 1848-05-15

This was a motion for a supersedeas in the case of a judgment of the Tippecanoe Circuit Court. The applicant, Rufus A. Lockwood, an attorney and counsellor at law, in obedience to a subpoena, appeared before the grand jury of the said court, to give evidence.

Relies on State v. Tipton

Decided 1848-05-15

Blackford, J.

¶1— « This application must be refused, as we have no jurisdiction in cases of this kind. The State v. Tipton, 1 Blackf. 166. The 114th section of ch. 38. R. $. is relied on to show that as the applicant is an attorney and counsellor at law, we have jurisdiction of the cause. But that section, we think, applies only to cases where a lawyer has been adjudged guilty of a contempt for some miscon*70duct in his office. In the present case, the party’s offence related not to any official act, but to Ms conduct as a witness.”

¶2Motion overruled.

/1/smithh/69 · .json · Public domain