United States v. Elgie Roberts

OPINION

NEILL, District Judge:

The principal issue raised in this appeal is the refusal of the trial court to permit a co-defendant to take the witness stand at defendant’s behest after the co-defendant Mr. Miller advised the court in chambers that he would exercise his Fifth Amendment rights and refuse to testify.

Defendant and a Mr. Miller were jointly charged in a six-count indictment. Prior to selection of the jury the court was advised that defendant intended to call Mr. Miller as defense witness. Mr. Miller’s counsel informed the court that Mr. Miller would refuse to testify. In chambers,…