U.S. v. ODOM

No. 88-5687.

888 F.2d 1014 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Cecil Arnold ODOM, a/k/a Bud Kelly, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 31, 1989.


Attorney(s) appearing for the Case

Luther Charles West, Baltimore, Md., for defendant-appellant.

Barbara Slaymaker Sale, Asst. U.S. Atty., Baltimore, Md. (Breckinridge L. Willcox, U.S. Atty., Washington, D.C., on brief), for plaintiff-appellee.

Before MURNAGHAN and CHAPMAN, Circuit Judges, and SMALKIN, United States District Judge for the District of Maryland, sitting by designation.


CHAPMAN, Circuit Judge:

This appeal presents an unusual former jeopardy question. Appellant and a codefendant, Victor Carroll Fincham, were tried for conspiracy to murder a government witness and aiding and abetting in the murder of a government witness. After two days of trial, it became obvious that appellant's attorney had adopted a plan of defense which included doing all in his power to attack codefendant Fincham and to persuade the jury by reference to past...

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