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TESSMER v. UNITED STATES

No. 20211.

328 F.2d 306 (1964)

Charles William TESSMER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

February 13, 1964.

Attorney(s) appearing for the Case

Charles W. Tessmer, Dallas, Tex., Clyde W. Woody, Houston, Tex., Emmett Colvin, Jr., Dallas, Tex., for appellant.

Barefoot Sanders, U. S. Atty., Fort Worth, Tex., Charles D. Cabaniss, Asst. U. S. Atty., Dallas, Tex., for appellee.

Before BROWN, WISDOM and BELL, Circuit Judges.

PER CURIAM.

This appeal is from a judgment and conviction of contempt of court arising from the appellant's conduct as defense counsel in a criminal case. On three occasions during the trial, the appellant disclosed to the jury that in an earlier trial there had been a hung jury. In the Certificate of the Contempt Proceedings, the trial judge stated:

"The defendant's counsel, each time he made and repeated the hung...

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