UNITED STATES v. PANZA

Nos. 78-3291, 78-3532.

612 F.2d 432 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. William T. PANZA, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. John TATES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

As Amended January 2, 1980.

Rehearing Denied February 12, 1980.


Attorney(s) appearing for the Case

Eugene G. Iredale, Federal Defenders of San Diego, Inc., San Diego, Cal., for defendants-appellants.

Judith S. Feigin, Asst. U. S. Atty. (on the brief), Michael H. Walsh, U. S. Atty., Judith S. Feigin, Asst. U.S. Atty. (argued), San Diego, Cal., for plaintiff-appellee.

Before KILKENNY, SNEED, SKOPIL, Circuit Judges.


SKOPIL, Circuit Judge:

Defendants Panza and Tates appeal their convictions for armed robbery and conspiracy to commit bank robbery in violation of 18 U.S.C. §§ 2113(d) and 371. Defendant Panza took the stand during the trial. Defendant Tates did not. The principal issue on appeal is whether the district court abused its discretion by striking Panza's testimony based upon his refusal to answer various questions during cross-examination that went to the heart...

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