UNITED STATES v. ALLISON

No. 72-1454.

474 F.2d 286 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Roy P. ALLISON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 2, 1973.


Attorney(s) appearing for the Case

John C. Ciolino, George M. Leppert, New Orleans, La., for defendant-appellant.

Gerald J. Gallinghouse, U. S. Atty., Patrick C. McGinity, Mary Williams, Cazalas, Asst. U. S. Attys., New Orleans, La., for plaintiff-appellee.

Before RIVES, WISDOM and RONEY, Circuit Judges.


RONEY, Circuit Judge:

This case involves the use of a defendant's grand jury testimony by the prosecution in its case in chief against him in a criminal trial. Because we find no theory of evidence that will support the admission of the entire 160 page transcript of the testimony given by defendant before the grand jury, we reverse and remand for a new trial.

Defendant Roy P. Allison, a Police Juror of St. Tammany Parish, Louisiana supervised the parish clean...

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