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WILSON v. MADIGAN

No. 21684.

389 F.2d 97 (1968)

Grant WILSON, Jr., Appellant, v. Frank MADIGAN and People of the State of California, Appellees.

United States Court of Appeals Ninth Circuit.

January 16, 1968.

Attorney(s) appearing for the Case

Edward L. Cragen (argued), John J. Fahey, San Francisco, Cal., for appellant.

Jerome C. Utz, Deputy Atty. Gen. (argued), Thomas Lynch, Atty. Gen. of State of Cal., Robert R. Granucci, Deputy Atty. Gen., San Francisco, Cal., for appellee.

Before CHAMBERS, POPE and DUNIWAY, Circuit Judges.

PER CURIAM:

Footnote 37, at page 468, of Miranda v. State of Arizona, 384 U.S. 436, in part reads as follows:

"In accord with our decision today, it is impermissible to penalize an individual for exercising his Fifth Amendment privilege when he is under police custodial interrogation. The prosecution may not, therefore, use at trial the fact that he stood mute or claimed his privilege in the face of accusation. Cf. Griffin...

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