Alexander

Alexander v. United States

Caution
173 F.2d 865·1949 U.S. App. LEXIS 2922
United States Court of Appeals for the Ninth CircuitMarch 14, 1949No. 12081California1,290 words

Opinion

Lead Opinion

Mathews, J.

Called as witnesses before a grand jury in the United States District Court for the Southern District of California, appellants refused to answer questions there propounded to them and persisted in such refusal after being ordered by the court to answer the questions. Thereupon civil contempt proceedings were instituted against them and, after a hearing, judg *866 ments were entered against them. 1 Thereby each of them was adjudged in contempt and committed to the custody of the United States Marshal, to be “by him held until said witness returns to said grand jury and answers the said questions ordered by said court to be answered” or until the further order of the court. These appeals followed.

The appeals were taken on October 28, 1948. On October 29, 1948, counsel for appellants presented to a single judge of this court (Chief Judge Denman) a petition entitled “Petition for orders of stay of execution or supersedeas, or in the alternative for orders releasing petitioners [appellants] on bail, or in the alternative for writs of habeas corpus.” The petition was addressed to Judge, Denman and prayed that he make and enter an “order of stay of execution or supersedeas upon the…

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