Opinion
Argued April 24, 1973
Decided July 2, 1973
Courts — Contempt of court — Trial by jury.
Mr. Justice MANDERINO filed a dissenting opinion.
Before JONES, C. J., EAGEN, O'BRIEN, ROBEETS, POMEROY, NIX and MANDERIN0, JJ.
Appeals, Nos. 60 to 62, inclusive, March T., 1972, from judgments of Court of Common Pleas, Criminal Division, of Allegheny County, No. 4672 of 1965, in case of Commonwealth of Pennsylvania v. Richard Oliver Joseph Mayberry, Dominick Codispoti, and Herbert Fred Langnes. Judgments affirmed.
On December 10, 1973, a petition for a writ of certiorari was granted by the Supreme Court of the United States, limited to certain of the questions presented by the petitioner. On June 26, 1974, the Supreme Court of the United States reversed the judgments as to appellants Codispoti and Langnes and remanded the cause to the Supreme Court of Pennsylvania for further proceedings.
Proceedings on contempt citations after remand by United States Supreme Court. Before VAN der VOORT, P. J., without a jury.
Defendants found guilty of criminal contempt and judgments of contempt entered. Appeals to Supreme Court allowed.
John J. Dean, Assistant Public Defender, with him George H. Ross, Public Defender, for appellants.
J. Kent Culley, Assistant District Attorney, with him Robert L. Eberhardt, Assistant District Attorney, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.
The judgments of contempt are affirmed.
I dissent because the defendants were entitled to a jury trial. See United States v. Seale, 461 F.2d 345 (7th Cir. 1972); Commonwealth v. Patterson, 452 Pa. 457, 308 A.2d 90 (1973) (MANDERINO, J., dissenting).