FOWLE v. UNITED STATES

No. 21074.

410 F.2d 48 (1969)

Raymond R. FOWLE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

April 14, 1969.


Attorney(s) appearing for the Case

Luke McKissack, Los Angeles, Cal., for appellant.

James E. Shekoyan (appeared) Asst. U. S. Atty., Wm. Matthew Byrne, Jr., U. S. Atty., Robert L. Brosio, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before BROWNING, and ELY, Circuit Judges, and FOLEY, District Judge.


ELY, Circuit Judge:

We dispose of this appeal by answering, in the negative, the one significant question which is presented. It is: "May the silence of an accused at the time of his arrest, chosen in the exercise of his privilege against self-incrimination, be used against him by the prosecution if, during his trial, he testifies in his own defense?"

Appellant was charged in a five-count indictment with having violated...

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