De LUNA v. UNITED STATES

No. 19037.

308 F.2d 140 (1962)

Carlos Garza De LUNA, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

August 15, 1962.


Attorney(s) appearing for the Case

James R. Gillespie, San Antonio, Tex., for appellant.

Russell B. Wine, U. S. Atty., K. Key Hoffman, Asst. U. S. Atty., San Antonio, Tex., Ernest Morgan, U. S. Atty., Wayne F. Speck, Asst. U. S. Atty., for appellee.

Before BROWN, WISDOM, and BELL, Circuit Judges.


WISDOM, Circuit Judge.

The conflicting interests of the two co-defendants in this action have generated a narrow but important question relating to the scope of the privilege against self-incrimination: When one of two defendants jointly tried in a criminal proceeding in a federal court exercises his right not to testify, does the Fifth Amendment protect him from prejudicial comments on his silence made to the jury by an attorney for the co-defendant? Pointing to...

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