In Re McKinney

Gene Allen McKinney petitions for a writ of habeas corpus. The Superior Court of Alameda County found that by refusing to answer questions as a witness at a trial, McKinney was guilty of criminal contempt of court in violation of subdivision 6 of section 166 of the Penal Code which defines the crime as a misdemeanor. Petitioner was sentenced to imprisonment in the county jail for six months less time previously served for violation of this section.

The problem arises under the following circumstances: Petitioner was called as a defense witness on August 21, 1968, in the trial of Huey Newton…