UNITED STATES v. LACOUTURE

No. 73-2834.

495 F.2d 1237 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Marcelle LACOUTURE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 15, 1974.


Attorney(s) appearing for the Case

James M. Simons, Austin, Tex. (Court-appointed), for defendant-appellant.

Anthony J. P. Farris, U. S. Atty., Anna E. Stool, Staff Atty., James R. Gough, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

Before ALDRICH, Senior Circuit Judge and BELL and GEE, Circuit Judges.


GEE, Circuit Judge:

This case presents squarely for the first time in our circuit the question whether a witness'1 refusal to testify on Fifth Amendment grounds may be made known to the jury or commented on by defense counsel. Other circuits which have considered these issues, however,2 have uniformly said no. We agree and affirm.

A little over a year ago customs agents inspected defendant Lacouture...

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