Paul

Paul v. United States

Good Law
36 F.2d 639·5 Alaska Fed. 457·1929 U.S. App. LEXIS 2228
United States Court of Appeals for the Ninth CircuitDecember 3, 1929No. 5815California2,689 words

Opinion

Lead Opinion

Wilbur, J.

This is an appeal from an order of the District Court of the Territory of Alaska, Division No. 1, adjudging the appellant guilty of contempt of court and sentencing him to pay a fine of $75 and to stand committed in the federal jail at Ketchikan, Alaska, until said fine should be paid, not to exceed 35 days, and also to pay a fine of $100 and stand committed in the federal jail at Ketchikan, Alaska, until said fine should be paid, not to exceed 50 days. The appellant invokes the jurisdiction of this court upon the ground that the order deprives him of his liberty and his property without due process of law. A motion to dismiss was interposed- by the appellee on the ground that this court has no jurisdiction. The appellant did not formally present to the trial court his objections to the proceedings on the ground that his constitutional rights were invaded, but, in view of the fact that he was adjudged guilty of contempt without ever having been informed of the nature of the charge against him or of the fact that contempt afterwards found by the court to have been committed was being investigated or tried by the trial judge, and in view of the further fact that the portion of the…

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