Grady Monroe Holsen v. United States

Appellant and Joseph McConnell were jointly indicted and separately tried for violations of the federal narcotics laws. 1 Appellant was convicted on a jury verdict of conspiring to sell narcotics not in the original stamped package and without a written order. We affirm.

Appellant’s contention that the District Court erred in not requiring McConnell to testify in appellant’s behalf is without merit. McConnell was a co-defendant who was then in the process of appealing his conviction. He did not waive his fifth amendment privilege and could not therefore be made to testify. 8 Wigmore, Evidence…