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UNITED STATES v. HICKS

No. 27368.

420 F.2d 814 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Clyde HICKS, Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 12, 1970.

Attorney(s) appearing for the Case

C. Lawrence Stagg, Tampa, Fla. (court-appointed) for defendant-appellant.

Edward F. Boardman, U. S. Atty., Thomas G. Wilson, Asst. U. S. Atty., Tampa, Fla., for plaintiff-appellee.

Before TUTTLE, WISDOM and BELL, Circuit Judges.

TUTTLE, Circuit Judge:

The principal issue presented by this appeal is whether the trial court erred in permitting the United States prosecutor to "impeach" the government's own witness by reading to the witness, in open court, substantially the entire statement that the witness had previously given to a secret service agent.

Appellant Hicks was jointly indicted with one James McGuire and another defendant named Roy Burchfield. They were indicted on substantive...

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