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UNITED STATES v. ROBERTS

No. 73-3349.

503 F.2d 598 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Elgie ROBERTS, Defendant-Appellant,

United States Court of Appeals, Ninth Circuit.

Certiorari Denied January 13, 1975.

Attorney(s) appearing for the Case

Howard B. Frank (argued), of McInerney, Milchen & Frank, San Diego, Cal., for defendant-appellant.

Michael E. Quinton, Asst. U.S. Atty., (argued), San Diego, Cal., for plaintiff-appellee.

Before HUFSTEDLER and GOODWIN, Circuit Judges, and NEILL, District Judge.

Certiorari Denied January 13, 1975. See 95 S.Ct. 791.

OPINION

NEILL, District Judge:

The principal issue raised in this appeal is the refusal of the trial court to permit a co-defendant to take the witness stand at defendant's behest after the co-defendant Mr. Miller advised the court in chambers that he would exercise his Fifth Amendment rights and refuse to testify.

Defendant and a Mr. Miller were jointly charged in a six-count indictment...

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