# Ex Parte Stringer

> Court of Appeals of Texas · November 24, 1976 · 546 S.W.2d 837

URL: https://www.frixlaw.com/law-library/cases/9654314

## Case

- **Full name:** Ex Parte Robert G. STRINGER, Relator
- **Court:** Court of Appeals of Texas
- **Decided:** November 24, 1976
- **Citations:** 546 S.W.2d 837; 1976 Tex. App. LEXIS 3383
- **Precedential status:** Published
- **Opinion:** Dissent by Peden
- **Judges:** Coleman, Peden
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9654314

## Opinion text

PEDEN, Justice,
dissenting.
I respectfully dissent.
We have not been furnished a copy of the affidavit of contempt filed by the complainant, Mrs. Patsy Ray Stringer. Therefore, when the Relator was ordered sworn as a witness (over his attorney’s invoking of the privilege against self-incrimination) we cannot say the trial judge was on notice that the proceeding was one in criminal contempt; that is, one whose primary purpose was to vindicate public authority rather than to obtain compliance with the court’s prior order.
Once the trial judge decided to issue a punitive order of commitment rather than a coercive one, the punishment indicates that the contempt was criminal, as distinguished from civil, in nature. I would presume that at this point in the non-jury hearing the trial judge disregarded all inadmissible testimony. There is sufficient testimony from other witnesses as to the Relator’s actions to support the trial judge’s order.
I would not declare the commitment order void.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9654314. Public record. Not legal advice.