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WILKES v. UNITED STATES

No. 22161.

419 F.2d 684 (1969)

Jerome P. WILKES, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 31, 1969.

Attorney(s) appearing for the Case

Mr. John W. Karr, Washington, D. C. (appointed by this court) for appellant.

Mr. James L. Lyons, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., Roger E. Zuckerman and Robert P. Watkins, Asst. U. S. Attys., were on the brief, for appellee. Messrs. David G. Bress, U. S. Atty., at the time the record was filed, and John A. Terry, Asst. U. S. Atty., also entered appearances for appellee.

Before BAZELON, Chief Judge, WILBUR K. MILLER, Senior Circuit Judge and MacKINNON, Circuit Judge.

BAZELON, Chief Judge:

Appellant advances three grounds for reversal of his conviction for robbery and two counts of assault with a dangerous weapon. The only one which merits discussion is whether he was deprived of his sixth amendment right to compel testimony.

One Morgan was indicted with appellant on the armed robbery charge. Morgan was not tried with the appellant, but appellant called him as his first defense witness. The trial court halted the direct...

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