McGeehan, Jayne, and Wm. J. Brennan, Jr. The opinion of the court was delivered by McGeehan, S.j.a.d.
The defendant appeals from a judgment entered on April 11, 1951, in the Morris County Court, adjudging that, as of December 9, 1949, he was $485 in arrears on an order for the support of his wife, entered in that court on November 18, 1946, adjudging him guilty of criminal contempt for willfully refusing to comply with said order and committing him to the Morris County Jail for imprisonment for a period of 90 days, unless sooner discharged by the court.
On November 18, 1946, before the Court of Quarter Sessions of Morris County, the defendant pleaded not guilty to an indictment charging him with desertion and non-support of his wife, she being in destitute and necessitous circumstances, in violation of R.S. 2:121-2. At that time he consented to the entry of an order which required him to pay to the probation officer, as trustee for his wife, the sum of
$5 per week and provided for his release on probation upon his entering into a recognizance with himself as surety in the sum of $500. The defendant entered into this recognizance and was released on probation.
On February 21, 1951, a motion was made by the county prosecutor to adjudge the defendant in criminal contempt of court, and in the moving papers it was set forth that:
"2. On November 18, 1946, defendant consented to an order of this Court requiring defendant, Raymond McKinley Chaffman, to pay $5.00 per week to the Probation officer, for the support of his wife.
3. On February 7, 1947, by order of this Court defendant was ordered to pay $15.00 per week for the support of his wife.
4. * * * On November 7, 1947, defendant appeared before the Court and was released from custody and ordered to comply with said order of $15.00 per week and to pay $5.00 per week on arrears, which had accumulated to that date.
7. Defendant has made no payments on account of said orders since November 26, 1947, and there is now due (after consider the order, as having been suspended, during the period of defendant's injury from November 28, 1947, to May 25, 1949) and owing upon said orders of November 18, 1946, and February 7, 1947, the sum of Eight Hundred and Ten Dollars, up to December 9, 1949. * * *"
An order to show cause issued which ordered the defendant to show cause "why he should not be adjudged in criminal contempt of this court for the failure and neglect of the defendant, Raymond McKinley Chaffman, to comply with orders of this court in the above entitled matter, which orders were dated November 18, 1946, February 7, 1947, and November 7, 1947, concerning payment of support monies to the chief probation officer of the County of Morris, for the support and maintenance of defendant's wife, Bessie Chaffman."
When the hearing opened, the attorney for defendant made application for the fixing of an early date for the trial of the indictment or, in the alternative, for dismissal of the indictment. From the record before us, it does not ...