IN RE MARTIN

No. 7127SC671.

185 S.E.2d 25 (1971)

13 N.C. App. 158

In the Matter of Gary MARTIN et al.

Court of Appeals of North Carolina.

December 15, 1971.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Associate Atty. Gen. Richard B. Conley, for the State.

Garland, Alala, Bradley & Gray by Joseph B. Alala, Jr., and Charles D. Gray, III, Gastonia, and Lassiter & Walker by William C. Lassiter and James H. Walker, Raleigh, for defendant appellants.


PARKER, Judge.

The order finding appellants guilty of direct contempt of court was rendered seven weeks after expiration of the session of court at which the matter was heard. Under the circumstances of this case and absent consent of the accused contemnors, the trial judge lacked any authority to enter such an order after expiration of the session. For that reason alone, and quite apart from all questions as to adequacy of the notice of the hearing to meet the requirements...

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