{
  "id": 2928858,
  "name": "The People of the State of Illinois, Defendant in Error, v. Tony Augustino, Plaintiff in Error",
  "name_abbreviation": "People v. Augustino",
  "decision_date": "1917-07-19",
  "docket_number": "Gen. No. 23,092",
  "first_page": "252",
  "last_page": "253",
  "citations": [
    {
      "type": "official",
      "cite": "207 Ill. App. 252"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "simhash": "1:1a7be8385d6f02b1",
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  "last_updated": "2023-07-14T19:52:34.192092+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "The People of the State of Illinois, Defendant in Error, v. Tony Augustino, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice McDonald\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice McDonald"
      }
    ],
    "attorneys": [
      "Cruice & Langille, for plaintiff in error; Daniel L. Cruice, of counsel.",
      "Maclay Hoyne, for defendant in error; George C. Bliss, of counsel."
    ],
    "corrections": "",
    "head_matter": "The People of the State of Illinois, Defendant in Error, v. Tony Augustino, Plaintiff in Error.\nGen. No. 23,092.\n(Not to be reported in full.)\n\u2022 Error to the Criminal Court of Cook county; the Hon. Geobre P. Barrett, Judge, presiding.. Heard in the Branch Appellate Court at the March term, 1917.\nReversed.\nOpinion filed July 19, 1917.\nStatement of the Case.\nCriminal contempt proceedings by the People of tin State of Illinois, plaintiff, against Tony Augustino, defendant. From a judgment finding him guilty of contempt, defendant brings error.\nThe order in question recited, in part, as follows:\n\u201cThat one Tony Augustino, in wilful contempt of court, came into the court room of the said Judge George F. Barrett, * * * during the trial of said cause, and then and there approached Daniel Cruice, the attorney for the defendant William Rooney, and spoke to him, and that immediately thereafter he approached and laid his hands upon the shoulder of the said William Rooney and then and there said to William Rooney aforesaid, \u2018Hello, Rooney\u2019 and certain other words, and that all of said acts and occurrences above recited occurred in the presence of the entire jury, duly chosen, sworn and selected to try the said cause and while a witness for the People was testifying upon the witness stand. It is the judgment .of the court that the said conduct of the said Tony Augustino was committed for the purpose of influencing the said jury and thereby interfering with the due course of justice in the said court and to impair the respect due to the authority of the said court.\n\u201cBe it therefore remembered, that the said Tony Augustino is adjudged to be guilty and is convicted of a criminal contempt aforesaid, before the said Judge George F. Barrett, and adjudged by the said Judge George F. Barrett to be imprisoned in the county jail of said Cook county for the term of thirty days.\u201d\nAbstract of the Decision.\n\u25a0 1. Contempt, \u00a7 72a \u2014 what is basis for determination of liability for criminal contempt on review. In order to determine whether the one accused of criminal contempt is guilty as charged, the court, on review, must look solely to the recitals contained in the contempt order itself.\n2. Contempt, \u00a7 70* \u2014 when order insufficient to sustain charge. An order of contempt held insufficient to sustain the charge of criminal contempt.\nCruice & Langille, for plaintiff in error; Daniel L. Cruice, of counsel.\nMaclay Hoyne, for defendant in error; George C. Bliss, of counsel.\nSee Illinois Notes Digest, Vole. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0252-01",
  "first_page_order": 278,
  "last_page_order": 279
}