UNITED STATES v. FRANZ

No. 72-1705.

469 F.2d 76 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Martin Phillip FRANZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

September 28, 1972.


Attorney(s) appearing for the Case

Theodore S. Flier, of Flier, Ross & Barens, Los Angeles, Cal., for defendant-appellant.

William D. Keller, U. S. Atty., Paul H. Sweeney, Eric A. Nobles, Asst. U. S. Attys., Los Angeles, Cal., for plaintiff-appellee.

Before MOORE, MERRILL and TRASK, Circuit Judges.


PER CURIAM:

The District Court did not err in ruling that appellant's codefendant was entitled to claim his Fifth Amendment privilege against self-incrimination. The testimony sought would have incriminated the codefendant beyond the charge to which he had pleaded guilty.

With respect to appellant's contention that he was denied the right to comment to the jury on his codefendant's failure to testify, there is no indication in the record that he requested...

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