Carter v. United States

I agree with my associates that the trial from which this appeal comes was one for criminal contempt, McCann v. New York Stock Exchange, 2 Cir., 80 F.2d 211. I agree, too, that “Since a prosecution for a criminal contempt is between the public and the defendant therein, such prosecution is not a part of the cause out of which the contempt arose”, Russell v. United States, 8 Cir., 86 F.2d 389, 392, and, therefore, that “The ultimate fate of the civil case is of no consequence at all, though it would be controlling in a case of civil contempt”. I agree with them, too, that even where the…