United States v. Albert Snyder

Good Law
413 F.2d 288
United States Court of Appeals for the Ninth CircuitJuly 23, 196923049California805 words

Opinion

Opinion

Barnes, J.

This is an appeal from a judgment finding appellant guilty of contempt of court for failing to comply with a subpoena issued by the District Court, Central District of California.

The facts are simple. Appellant was served with a subpoena (Ex. 2) on February 15, 1968, calling for his appearance on February 20, 1968. Appellant’s attorney requested the United States Attorney that appellant be allowed to remain “on call.” Appellant and his attorney had made such arrangements previously and had respected their obligations. Appellant had told his attorney such a “continuing arrangement” was agreeable to him. He was not called on February 20, 1968, nor at any time before March 14, 1968. On that date, the Assistant United States Attorney sent appellant’s counsel a telegram (Ex. 5, p. 2) requesting appellant’s appearance in court on April 9, 1968. This telegram was read to appellant. Thereafter, appellant wilfully absented himself from the State of California and failed to appear on April 9, 1968, or any other date to which the case on trial was continued.

Appellant, upon his return to California, was served with an order to show cause why he was not guilty of contempt of court, and was…

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