UNITED STATES v. JONES

No. 72-1036.

459 F.2d 47 (1972)

UNITED STATES of America, Appellee, v. Charles A. JONES, Appellant.

United States Court of Appeals, Ninth Circuit.

April 14, 1972.


Attorney(s) appearing for the Case

James F. Hewitt, Federal Public Defender, Earle A. Partington, Asst. Federal Public Defender, San Francisco, Cal., for appellant.

James L. Browning, Jr., U. S. Atty., F. Steele Langford, Robert E. Carey, Jr., Asst. U. S. Attys., San Francisco, Cal., for appellee.

Before KOELSCH, DUNIWAY, and GOODWIN, Circuit Judges.


PER CURIAM:

Jones was convicted of violating 18 U.S.C. § 472 (passing and possessing counterfeit Federal Reserve Notes). He appeals, contending that the prosecutor in final argument alluded to his failure to take the stand, and that the court's curative instructions were inadequate.

The prosecutor asked an ambiguous rhetorical question about the defendant's ability to speak. He quickly corrected himself, and the court likewise immediately told the jury...

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