Yates

Yates v. United States

Caution
227 F.2d 851·1955 U.S. App. LEXIS 3270
United States Court of Appeals for the Ninth CircuitJuly 26, 1955No. 13541California1,357 words

Opinion

Lead Opinion

Fee, J.

On July 8, 1952, an order, judgment and certificate of criminal contempt was entered as to Oleta O’Connor Yates upon eleven specifications of refusal to respond to questions put to her on cross-examination after a direction by the court while she was a witness in the trial of the case entitled on the records of that court United States v. Schneiderman, No. 22,131-C.D, D.C., 106 F.Supp. 941 . This certificate recited these refusals “were committed in the actual presence of the Court and were seen or heard by the Court.”

After the sentence of five years in the principal case was imposed upon Mrs. Yates on August 7, 1952, in the main case in which she was a defendant, Yates v. United States, 9 Cir., 225 F.2d 146 , she was in custody thereunder, together with the other convicted defendants. The court held a hearing on August 8, 1952, at which she was present, personally, and was represented by counsel. Based upon the “order, judgment and certificate of criminal contempt” of July 8 under 18 U.S.C.A. § 401 , hereinabove referred to, the court adjudged Mrs. Yates had been convicted of eleven separate criminal contempts therein set out. The defendant was thereupon committed to the…

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