Offutt v. United States, No. 11466.

CourtUnited States Courts of Appeals. United States Court of Appeals (District of Columbia)
Writing for the CourtPER CURIAM
Citation208 F.2d 842
PartiesOFFUTT v. UNITED STATES.
Docket NumberNo. 11466.
Decision Date19 November 1953

208 F.2d 842 (1953)

OFFUTT
v.
UNITED STATES.

No. 11466.

United States Court of Appeals District of Columbia Circuit.

Argued June 24, 1953.

Decided November 19, 1953.

Petition for Rehearing Denied December 14, 1953.


Mr. Warren E. Magee, New York City, with whom Miss Charlotte Maskey, Washington, D. C., was on the brief, for appellant.

Mr. William J. Peck, Asst. U. S. Atty. at time of argument, with whom Messrs. Leo A. Rover, U. S. Atty., and Arthur J. McLaughlin, Asst. U. S. Atty., were on the brief, for appellee. Messrs. Charles M. Irelan, U. S. Atty., Joseph M. Howard, William E. Kirk, Jr., and William R. Glendon, Asst. U. S. Attys., at time record was filed, entered appearances for appellee.

Before EDGERTON, BAZELON and FAHY, Circuit Judges.

PER CURIAM.

On the trial of Henry L. Peckham, Jr., under the abortion statute of the District of Columbia, Dorsey K. Offutt, Esq., was defense counsel. At the end of the trial the presiding judge summarily found Offutt guilty of criminal contempt of court and ordered him committed for 10 days to the custody of the United States Marshal. Offutt appeals from that order. We quote from the order:

"Pursuant to Rule 42(a) of the Federal Rules of Criminal Procedure 18 U.S.C.A., I hereby certify that I saw and heard the contempts of court hereinafter described, and that they were committed by Dorsey K. Offutt in the actual presence of the court during the trial of a criminal proceeding before me entitled, United States v. Henry L. Peckham, Jr. * * *
"I find that said Offutt was guilty
208 F.2d 843
of the following breaches of decorum and offensive, contumacious, and unethical conduct in open court during the trial; and that said breaches and course of conduct constituted contempt of court. * * *
"1. On numerous occasions, he made insolent, insulting and offensive remarks to the court, and was guilty of gross discourtesy to the court. * * *
"2. On numerous occasions, he persisted in repeating questions, previously excluded by the court, in order to evade the court\'s rulings, in spite of admonitions by the court to the contrary. Many of these questions were obviously intended to besmirch a witness. * * *
"3. On numerous occasions he persisted in talking boisterously after the court had made a ruling, and failed to desist when ordered to do so by the court, at times even continuing to talk while the court was speaking. * * *
"4. On numerous occasions he used a boisterous, belligerent, discourteous and
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11 practice notes
  • In re Dellinger, No. 72 CR 925.
    • United States
    • United States District Courts. 7th Circuit. United States District Court (Northern District of Illinois)
    • December 6, 1973
    ...361-364. See Cooke v. United States, 267 U.S. 517, 537, 45 S.Ct. 390, 69 L.Ed. 767 (1925); Offutt v. United States, 93 U.S.App.D.C. 148, 208 F.2d 842, 843 (1953). Therefore, this Court must now consider the extent to which the conduct of the trial judge and prosecuting attorneys in the Anti......
  • Ungar, Matter of
    • United States
    • New Jersey Superior Court – Appellate Division
    • July 3, 1978
    ...and, thus, is calculated to impede, obstruct or distort the administration of justice. Offutt v. United States, 93 U.S.App.D.C. 148, 149, 208 F.2d 842, 843 (D.C.Cir.1953), rev'd on other grounds, 348 U.S. 11, 75 S.Ct. 11, 99 L.Ed. 11 (1954) (misconduct included asking questions which were h......
  • In the Matter of Gorfkle, No. 79-611.
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • April 6, 1982
    ...remarks directed toward the trial judge, e.g., In re Gates, D.C.App., 248 A.2d 671 (1968); Offutt v. United States, 93 U.S. App.D.C. 148, 208 F.2d 842 (1953), rev'd on other grounds, 348 U.S. 11, 75 S.Ct. 11, 99 L.Ed. 11 (1954); Sacher v. United States, supra; In re Buckley, 10 Cal.3d 237, ......
  • United States v. Meyer, No. 24058.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • January 20, 1972
    ...to 48 hours, viewing his conduct in the light of the trial judge's own provocations. See Offutt v. United States, 93 U.S.App.D.C. 148, 208 F.2d 842 (1954). The Supreme Court granted certiorari in the exercise of its "`supervisory authority over the administration of criminal justice in the ......
  • Request a trial to view additional results
11 cases
  • In re Dellinger, No. 72 CR 925.
    • United States
    • United States District Courts. 7th Circuit. United States District Court (Northern District of Illinois)
    • December 6, 1973
    ...361-364. See Cooke v. United States, 267 U.S. 517, 537, 45 S.Ct. 390, 69 L.Ed. 767 (1925); Offutt v. United States, 93 U.S.App.D.C. 148, 208 F.2d 842, 843 (1953). Therefore, this Court must now consider the extent to which the conduct of the trial judge and prosecuting attorneys in the Anti......
  • Ungar, Matter of
    • United States
    • New Jersey Superior Court – Appellate Division
    • July 3, 1978
    ...and, thus, is calculated to impede, obstruct or distort the administration of justice. Offutt v. United States, 93 U.S.App.D.C. 148, 149, 208 F.2d 842, 843 (D.C.Cir.1953), rev'd on other grounds, 348 U.S. 11, 75 S.Ct. 11, 99 L.Ed. 11 (1954) (misconduct included asking questions which were h......
  • In the Matter of Gorfkle, No. 79-611.
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • April 6, 1982
    ...remarks directed toward the trial judge, e.g., In re Gates, D.C.App., 248 A.2d 671 (1968); Offutt v. United States, 93 U.S. App.D.C. 148, 208 F.2d 842 (1953), rev'd on other grounds, 348 U.S. 11, 75 S.Ct. 11, 99 L.Ed. 11 (1954); Sacher v. United States, supra; In re Buckley, 10 Cal.3d 237, ......
  • United States v. Meyer, No. 24058.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • January 20, 1972
    ...to 48 hours, viewing his conduct in the light of the trial judge's own provocations. See Offutt v. United States, 93 U.S.App.D.C. 148, 208 F.2d 842 (1954). The Supreme Court granted certiorari in the exercise of its "`supervisory authority over the administration of criminal justice in the ......
  • Request a trial to view additional results

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