United States v. Pembrick Edward Foutz, Jr.

WIDENER, Circuit Judge

(concurring):

I concur in the result and in the opinion of the court except part V.

I concur in the result in part V, but think the opinion should show that the defendant, in the telephone conversation involved, denied participation in the crime.

I further believe we should state that our ruling in part V may not apply if the defendant should testify in the new trials, and that we express no opinion on the point in such event.