UNITED STATES v. WENDT

No. 82-1603.

698 F.2d 933 (1982)

UNITED STATES of America, Appellee, v. Robert WENDT, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 22, 1982.

Rehearing Denied January 18, 1983.


Attorney(s) appearing for the Case

Law Offices of J. Martin Hadican by J. Martin Hadican and Joyce Yulkey MacDonald, Clayton, Mo., for appellant.

Thomas E. Dittmeier, U.S. Atty., Mitchell F. Stevens, Asst. U.S. Atty., St. Louis, Mo., for appellee.

Before BRIGHT and ARNOLD, Circuit Judges, and HUNTER, Senior District Judge.


ARNOLD, Circuit Judge.

Robert Wendt appeals from his conviction for conspiracy to effect the escape of a federal prisoner in violation of 18 U.S.C. §§ 371, 751 (1976). As grounds for reversal, Wendt argues (1) that the government's rebuttal witness gave impermissible testimony, (2) that the prosecution improperly called attention to Wendt's failure to testify, and (3) that the jury instructions contained an inappropriate...

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