Fisher v. Pace, Sheriff (336 U.S. 155)
U.S. Supreme Court · decided February 7, 1949 · Supreme Court Database (Spaeth)
- Citation
- 336 U.S. 155 · 69 S. Ct. 425
- Docket
- No. 45
- Argued
- October 9, 1948
- Decided
- February 7, 1949
- Term
- October Term 1948
- Vote
- 5–4
- Majority author
- Justice Reed
- Issue area
- Criminal Procedure
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
How the Justices voted
- Majority
- Chief Justice Vinson, Justice Burton, Justice R. H. Jackson, Justice Frankfurter, Justice Reed (wrote)
- Dissenting
- Justice Douglas (wrote), Justice Black, Justice Rutledge (wrote), Justice Murphy (wrote)
Opinion excerpt
Mr. Justice Reed delivered the opinion of the Court. While participating as counsel in the trial of a cause the petitioner, Joe J. Fisher, was adjudged guilty of contempt committed in the presence of the court by the District Court of Jasper County, Texas. The petitioner’s client was the plaintiff in an action under the state workmen’s compensation law. The case was being tried before a jury and the parties had stipulated as to the average weekly wage of the claimant and the rate of compensation per week. The only remaining questions to be determined were as to the extent and duration of the incapacity resulting from an injury to the claimant’s foot. Seven special issúes, designed to furnish an answer to these problems and limited to them, were submitted to the jury. Thereafter petitioner began his opening argument to the jury during which the following occurrence took place, as shown by the trial court’s order of contempt and commitment: “Opening argument to Jury of Plaintiff’s Attorney, Joe J. Fisher “Now, bear in mind, gentlemen, that this is what we call a specific injury. A general injury is an injury to the entire body. This is what is known as a specific injury, and it is confined to the left foot. We have specific injuries where you have injuries to the eye, to your hand, and to your foot; this is an injury to the foot, to the left foot; and the law states the amount…
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