Legal Opinion · Dissent

In re Michael

Court of Appeals for the Third Circuit

Decided December 16, 1944No. 8734Published

1DissentGaney, District Judge

With the conclusion here reached by the majority, I dissent. With so much of the opinion as concerns the procedure complained of,- and the admission of certain evidence, I am in agreement. I do not feel, however, that the evidence warranted the Trial Judge in holding the defendant in contempt of court.

The question here posed, while seemingly a simple one, has deeper implications and greater significance beyond the immediate case, for as a precedent it will broaden the field of judicial power in criminal contempt cases beyond its present limitations, and in so doing is portentous of a growing…

2Cases cited10 opinions

  1. Clark v. United StatesSupreme Court of the United States · 1933
  2. Ex Parte HudgingsSupreme Court of the United States · 1919
  3. Toledo Newspaper Co. v. United StatesSupreme Court of the United States · 1918
  4. United States v. AppelDistrict Court, S.D. New York · 1913
  5. O'CONNELL v. United StatesCourt of Appeals for the Second Circuit · 1930

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API