UNITED STATES v. BALANO

No. 78-1314.

618 F.2d 624 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Phillip R. BALANO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided December 18, 1979.

Rehearing Denied May 20, 1980.


Attorney(s) appearing for the Case

John C. Humpage, Topeka, Kan., for defendant-appellant.

Edward D. Holmes, Dept. of Justice, Kansas City, Mo., with James P. Buchele, U. S. Atty., Topeka, Kan., for plaintiff-appellee.

Before HOLLOWAY, McKAY and LOGAN, Circuit Judges.


McKAY, Circuit Judge.

Balano has twice been tried, the first trial resulting in a hung jury. Following his conviction on one count of violating 18 U.S.C. § 3 (1976) as an accessory after the fact to interstate transportation of stolen goods, Balano raises several issues on appeal. His primary contention is that the district court erred in admitting into evidence the grand jury testimony of a convicted participant in the crime, after the witness had refused to...

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