UNITED STATES v. PAYNE

Crim. A. No. 68-218.

299 F.Supp. 256 (1969)

UNITED STATES of America v. Duval Martin PAYNE.

United States District Court W. D. Pennsylvania.

May 14, 1969.


Attorney(s) appearing for the Case

Gustave Diamond, U. S. Atty., Pittsburgh, Pa., for plaintiff.

John L. Gedid, Pittsburgh, Pa., for defendant.


OPINION

WEBER, District Judge.

The above-named defendant was tried before a jury and found guilty of armed robbery. We have before us Defendant's Motion for a New Trial on the ground that the Assistant United States Attorney in his closing argument violated defendant's Fifth Amendment privilege against self-incrimination by commenting to the jury on defendant's failure to testify.

During the course of the trial the government produced the arresting...

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