Majority
p. 934(June 16, 1939.) In the Matter of the Application of Horace W. Watts, Petitioner, against Ferdinand Pecora, a Justice of the Supreme Court of the State of New York, Respondent.
Determination confirmed. No opinion.
Present — Martin, P. J., O’Malley, Townley, Untermyer and Dore, JJ.; Untermyer, J., dissents in opinion.
(dissenting). Although many facts to which the petitioner testified are improbable and may not be true, his testimony was not the equivalent of contumacious and unlawful refusal * * * to answer any legal and proper
Dissent
p. 935
interrogatory,” which, together with the other acts enumerated in section 750 of the Judiciary Law, “ and no others,” constitute a criminal contempt of court.
The order adjudicating the petitioner guilty of contempt should be annulled and the petitioner discharged.