Yates

18 U.S.C. § 401 declares that: “A court of the United States shall have power to punish by fine or imprisonment, at its discretion, such contempt of its authority * * * as * * * (3) Disobedience * * * to its lawful * * * order * * * or command.”

Contempt of court is thus declared to be a public offense * — a crime; and Rule 42(a) of the Federal Rules of Criminal Procedure, 18 U.S.C. provides that: “A criminal contempt may be punished summarily if the judge certifies that he saw or heard the conduct constituting the coftempt and that it was committed in the actual presence of the court.” See Sacher v. United States, 1952, 343 U.S. 1, 9-11 , 72 S.Ct. 451 , Id., 2 Cir., 1950, 182 F.2d 416 ; MacInnis v. United States, 9 Cir., 1951, 191 F.2d 157 , certiorari denied, 1952, 342 U.S. 953 , 72 S.Ct. 628 ; Hallinan v. United States, 9 Cir., 1950, 182 F.2d 880 , certiorari denied, 1951, 341 U.S. 952 , 71 S.Ct. 1010, 95 L.Ed 1375; United States v. Gates, 2 Cir., 1949, 176 F.2d 78 .

While on trial under an indictment charging conspiracy, 18 U.S.C. § 371 , to violate the Smith Act, 54 Stat. 670 , 1940; 18 U.S.C., 1946'ed., § 10; id. 1948-ed., § 2385, defendant Oletá O’Connor Yates chose to…