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UNITED STATES v. WILCOX

No. 27370.

450 F.2d 1131 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. James Melvin WILCOX, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 30, 1971.

Attorney(s) appearing for the Case

Harry W. Prebish, Richard M. Gale, Miami, Fla., for defendant-appellant.

Morton Orbach, Asst. U. S. Atty., Robert W. Rust, U. S. Atty., Michael J. Osman, Theodore Klein, Asst. U. S. Attys., Miami, Fla., Will Wilson, Asst. Atty. Gen., Sidney M. Glazer, Atty., U. S. Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and GOLDBERG and CLARK, Circuit Judges.

JOHN R. BROWN, Chief Judge:

This is a Fifth Amendment case of unusual dimensions. Typically either the prosecution is trying to compel testimony from a witness or the defendant is asserting that the witness should invoke the privilege against self-incrimination.1 Here, however, for the first time we have been able to discover, the defendant Wilcox sought to force Government witness Maruzewski...

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