In Re Hallinan

Petitioner Vincent Hallinan, an attorney, seeks annulment of an. order of direct contempt issued by the San Francisco Superior Court, sentencing petitioner to five days in jail, As hereinafter appears, we have concluded that the facts set forth in the order fail to support the finding of contemptuous behavior, and that the order should be annulled.

The conduct found contemptuous occurred during the jury trial of a defendant represented by petitioner and charged with battery upon a police officer. Contempt committed in the immediate view and presence of the court, known as direct contempt, may…