MacInnis

Appeal from a summary judgment and sentence for criminal contempt imposed pursuant to Title 18 U.S.C.A. § 401 (1) and Rule 42(a), Federal Rules of Criminal Procedure, Title 18 U.S.C.A.

Appellant Maclnnis was one of counsel for the defense in the case of United States v. Bridges, D,C.Cal.l949, 87 F.Supp. 14 . The following colloquy occurred on Wednesday, February 1, 1950, during the examination of the witness Father Paul Meinecke, a priest of the Roman Catholic Church:

The following day, Thursday, February 2, 1950, the court announced that the conduct of Maclnnis in the court’s presence on the previous day constituted contempt, and that the certificate and order pursuant to Rule 42 of the Rules of Criminal Procedure, and the fixing of the punishment would be deferred to the end of the trial.

An order on contempt and accompanying certificate, dated February 28, 1950, were filed' March 1, 1950, and Maclnnis was ordered to appear before the court for sentence upon the termination of the Bridges trial.

On April 4, 1950, immediately after the verdict had been returned, Maclnnis appeared and was sentenced to three months imprisonment.

Appellant’s first specification of error is that…