MIGLIORE v. UNITED STATES

Nos. 25477, 25830.

409 F.2d 786 (1969)

Richard John MIGLIORE, Appellant, v. UNITED STATES of America, Appellee. Jacqueline MINGO, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 18, 1969.


Attorney(s) appearing for the Case

Phillip A. Hubbart, Miami, Fla., for appellant Migliore.

Harry W. Prebish, Richard M. Gale, Miami, Fla., for appellant Mingo.

J. V. Eskenazi, Asst. U. S. Atty., William A. Meadows, Jr., U. S. Atty., by Neal R. Sonnett, Asst. U. S. Atty., Miami, Fla., for appellee.

Before BELL and MORGAN, Circuit Judges, and GUNN, District Judge.


LEWIS R. MORGAN, Circuit Judge:

Both appellants were tried jointly, despite motions for severance, and were convicted by a jury of selling a narcotic drug, not in the original stamped package, in violation of 26 U.S.C. § 4704(a). This is an appeal from those convictions.

Both appellants present the issue of whether they were entitled to separate trials where each appellant's non-testimonial statements implicated the other appellant, notwithstanding the...

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