United States v. Frank De Simone

WASHINGTON, Circuit Judge.

This is an appeal from a judgment of criminal contempt entered after a trial pursuant to Fed.R.Crim.P. 42(b), 18 U.S.C.A.,1 in the United States District Court for the Southern District of New York.

On April 28, 1958, the appellant De Simone, while resident in Los Angeles, California, was served with a Federal Grand Jury subpoena, requiring him to appear on May 7, 1958, to testify before a Grand Jury sitting in the Southern District of New York. Prior to the return date, appellant’s lawyer attempted several times to obtain a temporary adjournment, but without success.…