DE LUNA v. UNITED STATES

No. 19037.

324 F.2d 375 (1963)

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

United States Court of Appeals Fifth Circuit.

October 11, 1963.


Attorney(s) appearing for the Case

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

Russell B. Wine, K. Key Hoffman, Asst. U. S. Attys., San Antonio, Tex., for appellee.

Before BROWN, WISDOM and BELL, Circuit Judges.


PER CURIAM.

In studying this case we were well aware of the procedural difficulties inherent in our decision. We could not overlook them: the concurring opinion brings out clearly the basic difficulties, including the possibility of a conspiracy of co-defendants to promote a mistrial by having one of them comment upon the failure of another co-defendant to testify. The co-defendant's right to comment is not tangential but is an essential, if complicating, element...

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