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CLARK v. NELSON

No. 23310.

411 F.2d 790 (1969)

Thomas N. CLARK, Plaintiff-Appellee, v. Louis S. NELSON, Defendant-Appellant.

United States Court of Appeals Ninth Circuit.

May 26, 1969.

Attorney(s) appearing for the Case

Michael Buzzell (appeared), Deputy Atty. Gen., Thomas C. Lynch, Atty. Gen., John T. Murphy, Deputy Atty. Gen., San Francisco, Cal., for appellant.

Thomas N. Clark, pro per.

Before MERRILL, DUNIWAY and CARTER, Circuit Judges.

PER CURIAM:

Habeas corpus. Clark is a California prisoner, convicted of robbery. At his trial, he did not take the stand. The prosecutor commented briefly on Clark's failure to testify, telling the jury that they would receive an instruction on the subject. The court gave CAL JIC instruction 51. The comment and instruction violated the ruling in Griffin v. California, 1965, 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106, which was decided...

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