No. 515 January Term, 1978, Appeal from the Order of the Court of Common Pleas of Philadelphia (February Session, 1978, Nos. 1238-1239) Holding Appellant in Direct Criminal Contempt and imposing Judgment of Sentence.
John W. Packel, Chief, Appeals Div., Leonard Sosnov, Asst. Defender, Philadelphia, for appellant.
Robert B. Lawler, Chief, Appeals Div., Asst. Dist. Atty., Cynthia Severinsen, Asst. Dist. Atty., for appellee.
O'Brien, C. J., and Roberts, Nix, Larsen, Flaherty and Kauffman, JJ. Nix, J., concurs in the result.
This is a direct appeal from a direct criminal contempt in a Court of Common Pleas. Jurisdiction is vested in this Court by § 722(4) of the Judicial Code, 42 Pa.C.S. § 722(4).
The appellant was held in contempt of court and sentenced to five and one-half months imprisonment under Subsection 3 of the Penal Contempt Statute which provides:
The power of the several courts of this Commonwealth to issue attachments and to inflict summary punishments for contempts of court shall be restricted to the following cases:
(3) The misbehavior of any person in the presence of the court, thereby obstructing the administration of justice.
1976, July 9, P.L. 586, No. 142, § 2, eff. June 27, 1978. 42 Pa.C.S.A. § 4131.
The ultimate finding of contempt occurred on the second day of trial when the appellant refused to stand upon the opening of court and turned his back to the court. As appellant presents the case he would have this Court believe that his contumacious behavior consisted solely ...