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UNITED STATES v. JENKINS

No. 75-2282.

544 F.2d 180 (1976)

UNITED STATES of America, Appellee, v. Val Zenith JENKINS, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 3, 1976.

Attorney(s) appearing for the Case

Hazel A. Straub, Charleston, W. Va. [court-appointed counsel] for appellant.

H. Marshall Jarrett, Jr., Asst. U.S. Atty., Charelston, W. Va. (John A. Field, III, U.S. Atty., Wayne A. Rich, Jr., Asst. U.S. Atty., Charleston, W. Va., and Fred D. Clark, Third Year Law Student on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and WINTER and BUTZNER, Circuit Judges.

PER CURIAM:

Val Zenith Jenkins' major contention on this appeal from a judgment convicting him of possession and sale of counterfeit coins is that the United States Attorney violated his fifth amendment right against self incrimination by stating in the closing argument that the testimony of a witness, Jimmy James, was "uncontradicted." Jenkins argues that since he was the only one who could have contradicted the testimony, the remark was, in effect, an improper comment...

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