Sacher v. United States

After a turbulent nine months of trial, eleven Communist Party leaders were convicted of violating the Smith Act.1 On receiving the verdict, the trial judge at once filed a certificate under Rule 42 (a), Fed. Rules Crim. Proc., finding petitioners guilty of criminal contempt and imposing various jail terms up to six months. Those sentenced were defense counsel, with the exception of one defendant who had elected to conduct his own case.

The Court of Appeals reviewed the judge’s action, both on facts and law, reversed some specifications of contempt, but affirmed the conviction and sentences.2…