In Re Carvallo

Arthur E. Carvallo was found guilty of contempt and sentenced to five days in the county jail therefor, by the Alameda County Superior Court. By a petition for writ of habeas corpus he seeks to set aside the court’s action as beyond its jurisdiction. We issued an order to show cause why the relief sought should not be granted.

We state the factual background according to the rule that the evidence must be taken most strongly in support of the contempt order. (See In re Gutierrez, 122 Cal.App.2d 661, 664 [ 265 P.2d 16 ].)

Carvallo was charged in the superior court with burglary (Pen. Code, § 459), automobile theft (Veh. Code, § 10851), and receiving stolen property (Pen. Code, § 496). While attending the courtroom one morning for the purpose of setting a trial date he carried a wooden cane approximately four feet long. He did not use the cane to “assist” or “support” himself; he seemed to be carrying it “for ornamental purposes.” “[W]hen he was talking with the Public Defender at the midpoint in the room he used the cane to point to other people, and [the courtroom bailiff] felt it was an offensive gesture. [He] thought that that gesture warranted asking Mr. Carvallo not…