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UNITED STATES v. HARP

No. 74-1810.

513 F.2d 786 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. George Evans HARP, Edwin R. Breaux, Jean Orsini, Willard Joseph Martin, Don Garriga Chapman, and Elvin Edsel Haddock, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied July 8, 1975.

Attorney(s) appearing for the Case

Eric Welch, Atlanta, Ga. (Court appointed), for Harp.

Bobby Joe Harrelson, pro se.

Dennis M. Hall, Decatur, Ga. (Court appointed), for Breaux.

Fred Filsoof, Atlanta, Ga. (Court appointed), for Orsini.

Marvin S. Soskin, Atlanta, Ga. (Court appointed), for Martin.

Roman A. DeVille, Atlanta, Ga. (Court appointed), for Haddock.

Bruce L. Whitmer, Atlanta, Ga. (Court appointed), for Chapman.

John W. Stokes, U. S. Atty., Stanley M. Baum, J. Robert Cooper, Asst. U. S. Attys., Atlanta, Ga., for plaintiff-appellee.

Before BROWN, Chief Judge, and GODBOLD and CLARK, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 8, 1975.

CLARK, Circuit Judge:

The right to remain silent and the use of that silence for impeachment of inconsistent trial testimony are not necessarily antithetic or mutually exclusive values. Appellants were tried for and convicted of attempted escape. Proof of and prosecutorial comment on the failure of the appellants from the time of apprehension to the time of trial, to apprise any official that all but one...

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