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LYONS v. UNITED STATES

No. 15898.

284 F.2d 237 (1960)

Curtis LYONS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 3, 1960.

Attorney(s) appearing for the Case

Mr. Stanley Robert Jacobs, Washington, D. C. (appointed by the District Court) for appellant.

Mr. Arnold T. Aikens, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., and Carl W. Belcher, Asst. U. S. Atty., were on the brief, for appellee.

Before Mr. Justice REED, retired, and WILBUR K. MILLER, Chief Judge, and DANAHER, Circuit Judge.

PER CURIAM.

After appellant's conviction of two counts of violation of the narcotics laws, he here presents as the sole issue that the trial judge erred when he inadvertently overlooked appellant's request that no reference be made to his failure to testify. The jury was, in part, instructed:

"In this case, for example, the defendant did not testify. He doesn't have to. He has a right not to testify, and you are not entitled to draw any inference whatever...

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