UNITED STATES v. SCHRIMSHER

No. 73-1061.

493 F.2d 842 (1974)

UNITED STATES of America, Plaintiff, v. David R. SCHRIMSHER, Defendant. In re Charles D. BUTTS, Attorney at Law, Appellant.

United States Court of Appeals, Fifth Circuit.

May 3, 1974.


Attorney(s) appearing for the Case

Fred A. Semaan, Shirley W. Butts, San Antonio, Tex., for appellant.

Thomas G. Sharpe, Jr., Brownsville, Tex., amicus curiae, for Texas Crim. Defense Lawyers Association.

William S. Sessions, U. S. Atty., James W. Kerr, Jr., Asst. U. S. Atty., San Antonio, Tex., for plaintiff.

Before RIVES, GEWIN and RONEY, Circuit Judges.


RIVES, Circuit Judge:

During the course of a criminal trial in the Western District of Texas, the court found defense attorney Charles D. Butts in contempt of court, and ordered him incarcerated for two hours. Butts in this action appeals from the summary order of the district court. We reverse.

I.

The transcript of what occurred immediately before the judge found Butts in contempt is reproduced in an appendix...

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