Oleta O'COnnOr Yates v. United States

Oleta O’Connor Yates was one of those indicted and on trial as a defendant on a charge of conspiracy to violate the Smith Act, 18 U.S.C.A. § 2385 . After the close of the government case, all of the defendants rested except four, of whom Mrs. Yates was one. She was the only defendant there who testified. Yates v. United States, 9 Cir., 225 F.2d 146 . Upon cross-examination she refused to answer any of four questions. Upon direction of the court to respond, she still refused. Thereupon, the trial judge signed a certificate with four specifications setting up the refusals. A judgment was entered committing her to the custody of the Marshal for imprisonment “until such time as she may purge herself of the contempts by answering the questions ordered to be answered in each instance or until further order of the court.” Notice of appeal from this order of June 26, 1952, was immediately filed. Defendant Yates continued under cross-examination for three days, during which time she refused to answer other like questions. She continued in custody during the rest of the trial. Upon conviction in the conspiracy case, she was confined with the other defendants until August 30, 1952. All of…