(Download) "United States v. Toler" by United States Court of Appeals for the Fifth Circuit " eBook PDF Kindle ePub Free

eBook details

Title: United States v. Toler
Author : United States Court of Appeals for the Fifth Circuit
Release Date : January 26, 1971
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 51 KB

Description

James R. Toler was charged in an information with violating 42 U.S.C.A. Â§ 408(c) by filing a false medical report in connection with a claim for Social Security benefits. Following a jury trial in the District Court he was convicted and sentenced to imprisonment for one year. In reviewing the facts linking the defendant with the report the prosecutor in closing rebuttal argument said -- without objection of any kind -- that ""at no time has he denied filing it."" Toler now urges for the first time that this remark constitutes prejudicial error since the jury could have construed it as a comment on the failure of the defendant to testify in his own behalf. We disagree with this contention and affirm.