IN RE HALLINAN

Docket No. Crim. 13216.

71 Cal.2d 1179 (1969)

459 P.2d 255

81 Cal. Rptr. 1

In re VINCENT HALLINAN on Habeas Corpus.

Supreme Court of California. In Bank.

October 3, 1969.


Attorney(s) appearing for the Case

Garry, Dreyfus, McTernan & Brotsky, Benjamin Dreyfus and Harold McDermid for Petitioner.

Joseph A. Ball, Melvin M. Belli, George E. Bodle, Willie L. Brown, Jr., Grant B. Cooper, LeRoy Hersh, Michael J. Keady, Robert S. Morris, Clinton W. White and A.L. Wirin as Amici Curiae on behalf of Petitioner.

Thomas C. Lynch, Attorney General, Albert W. Harris, Jr., Assistant Attorney General, and Robert R. Granucci, Deputy Attorney General, for Respondent.


BURKE, J.

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. [1a] 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...

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