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ELLIS v. UNITED STATES

Nos. 21918, 21919.

416 F.2d 791 (1969)

James H. ELLIS, Jr., Appellant, v. UNITED STATES of America, Appellee. Alfred M. WATKINS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 30, 1969.

Attorney(s) appearing for the Case

Mr. Charles E. Kern, II (appointed by this court), for appellants, and Mr. Richard J. Hopkins, Washington, D. C., for appellant in No. 21,919. Mr. George W. Mitchell, Washington, D. C., also entered an appearance for appellant in No. 21,919.

Mr. Frederick G. Watts, Atty., Department of Justice, with whom Messrs. David G. Bress, U. S. Atty., and Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for appellee. Mr. James A. Treanor, III, Asst. U. S. Atty., also entered an appearance for appellee in No. 21,919.

Before DANAHER, WRIGHT and LEVENTHAL, Circuit Judges.

LEVENTHAL, Circuit Judge:

These appellants were convicted of arson and of carrying a dangerous weapon. They seek reversal on the ground that the trial judge erred in compelling the testimony of one Izzard who had been their companion in crime.

The prosecution called Izzard to testify at trial, whereupon the trial judge advised the witness of his privilege against self-incrimination, and asked him if he wished to take...

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