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UNITED STATES v. SEEWALD

No. 115, Docket 71-1523.

450 F.2d 1159 (1971)

UNITED STATES of America, Appellee, v. Benjamin SEEWALD, Contemnor-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 10, 1971.

Attorney(s) appearing for the Case

William E. Dertinger, Asst. U. S. Atty. (Robert A. Morse, U. S. Atty. for the E.D. of N.Y., and Edward R. Korman, Asst. U. S. Atty., on the brief), for appellee.

Robert Hermann, New York City (Robert Kasanof, Legal Aid Society, New York City, on the brief), for contemnor-appellant.

Before LUMBARD, MANSFIELD and OAKES, Circuit Judges.

LUMBARD, Circuit Judge:

Benjamin Seewald was cited for contempt and sentenced to six months in prison by Chief Judge Mishler of the Eastern District of New York when Seewald refused to testify as the key government witness at a trial of six of his coconspirators accused of possession of goods stolen in interstate commerce. Seewald now appeals, asserting that when called as a witness, he properly invoked his Fifth Amendment privilege against self-incrimination so that...

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