UNITED STATES v. GARNER

Nos. 77-1222 and 77-1224.

574 F.2d 1141 (1978)

UNITED STATES of America, Appellee, v. Earl A. GARNER, Appellant. UNITED STATES of America, Appellee, v. Everett C. McKETHAN, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 17, 1978.


Attorney(s) appearing for the Case

Michael McGettigan, Alexandria, Va. (George F. West, Jr., Murphy, McGettigan, McNally & West, Alexandria, Va., on brief), Leonard S. Rubenstein, Alexandria, Va. (Philip J. Hirschkop, Philip Hirschkop & Associates, Inc., Alexandria, Va., on brief), for appellants.

James R. Hubbard, Asst. U.S. Atty., Alexandria, Va. (William B. Cummings, U.S. Atty., Alexandria, Va., Justin W. Williams, Asst. U.S. Atty., Washington, D.C., Leonie Milhomme Brinkema, Sp. Asst. U.S. Atty., Alexandria, Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and WIDENER and HALL, Circuit Judges.


HAYNSWORTH, Chief Judge:

Convicted of drug related offenses arising out of the alleged importation of substantial quantities of heroin from West Germany and Holland, the defendants complain primarily of the admission in evidence of the grand jury testimony of an alleged co-conspirator who declined to testify at the trial despite the best efforts of the trial judge and his own lawyer to get him to do so.

I.

Warren Robinson, the grand jury witness...

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