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IN RE LAMSON

No. 72-1162.

468 F.2d 551 (1972)

In the Matter of David LAMSON.

United States Court of Appeals, First Circuit.

Decided October 11, 1972.

Attorney(s) appearing for the Case

James C. Hamilton, Boston, Mass., with whom David H. Lamson and Hamilton & Lamson, Boston, Mass., were on brief, for appellant.

William A. Brown, Asst. U. S. Atty., with whom Joseph L. Tauro, U. S. Atty., and George V. Higgins, Asst. U. S. Atty., were on brief, for appellee.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

PER CURIAM.

This case presents an issue novel to this circuit: if an attorney, during a complicated multi-defendant criminal trial, specifically warned that a recess would be for only five to ten minutes, takes a coffee break which requires him to depend on the uncertain elevator service of a crowded building, and returns some twelve minutes late, is his conduct, if contemptuous, "committed in the actual presence of the court?" Rule 42(a) Fed.R.Crim.P.

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