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UNITED STATES v. FLANNERY

No. 71-1199.

451 F.2d 880 (1971)

UNITED STATES of America, Appellee, v. John FLANNERY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 12, 1971.

Attorney(s) appearing for the Case

F. Graham McSwiney, New London, N. H., by appointment of the Court, with whom Hall, Morse, Gallagher & Anderson, Concord, N. H., was on brief, for appellant.

Carroll F. Jones, Asst. U. S. Atty., with whom David A. Brock, U. S. Atty., was on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

ALDRICH, Chief Judge.

In 1965 we held that for the government to say, in summation to the jury, that certain of its evidence was "uncontradicted," when contradiction would have required the defendant to take the stand, drew attention to his failure to do so, and hence was unconstitutional comment. Desmond v. United States, 1 Cir., 1965, 345 F.2d 225.1 We do not adopt the reasoning of those courts which...

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