No. 7012.

308 F.2d 737 (1962)

Emil Richard YATES, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

September 12, 1962.

Attorney(s) appearing for the Case

Richard T. Sonberg, Denver, Colo., for appellant.

Thomas E. Joyce, Asst. U. S. Atty. (Newell A. George, U. S. Atty., with him on the brief), for appellee.

Before PICKETT, HILL and SETH, Circuit Judges.

HILL, Circuit Judge.

The appeal is from an order and judgment of the court below revoking appellant's probation and sentencing him to imprisonment for a term of 3 years.

The facts necessary for our determination of the case are as follows: On December 28, 1959, Yates appeared before the court below to answer the charge of criminal contempt.1 He was tried before the court, without a jury...

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