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MATTER OF BOASBERG v. MUNSON

286 A.D. 951 (1955)

In the Matter of Robert Boasberg, Petitioner, v. William H. Munson, as Justice of the Supreme Court of The State of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 15, 1955.

Order reversed on the law, without costs and fine remitted.

Memorandum:

The general exception to the charge of the court served no useful purpose and was improper. We may not, however, in the absence of facts evidencing an intent to defy the dignity and authority of the court, hold that the taking of such an exception constitutes a criminal contempt. Intent is a necessary element in criminal contempt (see People...

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