Calvin Hayes, Jr. v. United States

Appellant was convicted for violating the Dyer Act, 18 U.S.C. § 2312. His sole ground for appeal is that the prosecutor’s closing argument constituted comment on his failure to testify. 1 Jurisdiction of this court is based on 28 U.S.C. §§ 1291 and 1294.

The rule that a defendant’s refusal to testify may not be commented on is, of course, based on the Fifth Amend ment and its statutory analogue, 18 U.S.C. § 3481. Wilson v. United States, 149 U.S. 60, 13 S.Ct. 765, 37 L.Ed. 650; Griffin v. State of California, 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106. “The test is whether the language used…