YATES

v.

MISSISSIPPI

Citator

Cited By

• In re First Colonial Corp. OF Am. v. Franz J. Baddock, 544 F.2d 1291 (5th Cir. 1977)
  …direct and substantial interest in the question appealed from” are “aggrieved” within the meaning of Section 25(a). In re American Bonded Mortgage Co., 453 F. 2d 528, 530 (5th Cir. 1971); Edell v. Di Piazza, 345 F. 2d 336 (5th Cir.), cert. denied, 382 U.S. 931, 86 S.Ct. 322, 15 L.Ed.2d 342 (1965). Since the term “person aggrieved” in Section 39(c) is less restrictive than the term “aggrieved party” in Section 25(a), if Robinson and American Benefit can establish their right to appeal under Section 25(a)…
• United States v. Armone, 363 F.2d 385 (2d Cir. 1966)
  …e could “be fairly understood as a comment on the petitioner’s failure to testify.” United States v. Gainey, supra at 70-71, 85 S.Ct. at 759. Similarly, in United States v. Secondino, 347 F. 2d 725 (2d Cir.), cert. denied, Massari v. United States, 382 U.S. 931, 86 S.Ct. 322, 15 L.Ed.2d 342 (1965), this court relying on Gainey reached a similar conclusion with respect to section 174. See also United States v. Christmann, 298 F. 2d 651, 652-653 (2d Cir. 1962) (dictum); Williams v. United States, 328 F. 2d 2…
• United States v. Costa, 425 F.2d 950 (2d Cir. 1969)
  …the jury” does not mean that he must do this by taking the stand. See United States v. Gainey, 380 U.S. 63, 69-71, 85 S.Ct. 754, 13 L.Ed.2d 658 (1965); United States v. Secondino, 347 F. 2d 725, 727 (2 Cir.), cert. denied, Massari v. United States, 382 U.S. 931, 86 S.Ct. 322, 15 L.Ed.2d 342 (1965). The fact that, as a practical matter, this may be the only manner in which a defendant can explain the possession, may warrant more severe limitation on the Government’s use of prior convictions for impeachment,…