Harvey M. Matusow v. United States

CAMERON, Circuit Judge.

Based upon an affidavit executed by him for use in the Court below followed by his testimony given at a hearing before the District Court upon motion for a new trial in a criminal case, recanting his former testimony, appellant, Harvey Matusow, was adjudged to be in contempt of court and sentenced to imprisonment therefor. This appeal presents the question whether the actions of appellant which form the basis of the contempt charged were committed in the actual presence of the Court so as to justify its proceeding summai’ily under Para graph (a) of Rule 42, Federal…