Oleta O'COnnOr Yates v. United States

Good Law
227 F.2d 848·1955 U.S. App. LEXIS 3269
United States Court of Appeals for the Ninth CircuitJuly 26, 195513535California1,207 words

Opinion

Opinion

Fee, J.

The defendant Yates was on trial with others on a charge of conspiracy. She took the witness stand in her own defense. Upon cross-examination, she declined to answer four questions upon June 26, 1952, although repeatedly ordered by the court so to do. The trial of the criminal case was interrupted. A hearing was had. The trial judge committed the defendant Yates to the custody of the Marshal until she should purge herself of the contempt by answering these four questions. This Court has recently held this commitment ineffective after the trial of the criminal case had ended. Yates v. United States, 227 F.2d 844 .

The criminal trial was then resumed. Defendant Yates was recalled to the stand. She thereafter, on June 30, refused to answer a series of eleven questions, although expressly directed to do so by the trial court.

Thereupon, the cause was submitted to the jury. A verdict of guilty was returned against defendant Yates and others. Judgment was pronounced on August 7, 1952. This conviction has been affirmed. Yates v. United States, 9 Cir., 225 F.2d 146 .

On August 8, 1952, the court sentenced defendant Yates to a term of one year’s imprisonment on each of the eleven…

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