UNITED STATES v. DEMCHAK

No. 76-1940.

545 F.2d 1029 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. George DEMCHAK, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 24, 1977.


Attorney(s) appearing for the Case

P. D. Aiken, Fort Lauderdale, Fla. (Court-appointed), for defendant-appellant.

Robert W. Rust, U. S. Atty., Michael P. Sullivan, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before TUTTLE, CLARK and RONEY, Circuit Judges.


RONEY, Circuit Judge:

The jury convicted the defendant, George Demchak, Jr., on two counts charging violations of federal drug laws. At the trial Demchak's father testified briefly against him. The court limited cross-examination, and then subsequently struck the father's adverse testimony and instructed the jury not to consider it. Because this instruction called for mental discipline beyond what might reasonably be expected of a jury, we reverse for a new trial...

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