WEISS v. BURR

No. 71-1933.

484 F.2d 973 (1973)

Horton C. WEISS, Appellant, v. Waldon C. BURR, Sheriff of Pima County, Arizona, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearings Denied September 18, 1973.


Attorney(s) appearing for the Case

John F. Molloy (argued) of Robertson, Molloy, Fickett & Jones, P.C., Tucson, Ariz., for appellant.

John P. Frank, Sp. Asst. Atty. Gen., (argued); Gary K. Nelson, Atty. Gen., Phoenix, Ariz. for appellee.

Before ELY and TRASK, Circuit Judges, and SPENCER WILLIAMS, District Judge.


ELY, Circuit Judge:

Weiss appeals from the District Court's denial of his petition for habeas corpus. He contends that the court erred in denying his relief from a jail sentence and a fine levied against him, for criminal contempt, by an Arizona trial court.

During the prosecution of a murder trial, Weiss, the prosecuting attorney, was cited for five separate acts of criminal contempt. The first arose out of an in-court discussion, during the jury's absence...

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