Raymond R. Fowle v. United States

We dispose of this appeal by answering, in the negative, the one significant question which is presented. It is: “May the silence of an accused at the time of his arrest, chosen in the exercise of his privilege against self-incrimination, be used against him by the prosecution if, during his trial, he testifies in his own defense?”

Appellant was charged in a five-count indictment with having violated certain federal statutes proscribing the illegal possession and sale of heroin and cocaine. See 21 U.S.C. § 174 ; 26 U.S.C. § 4705 (a). He appeals from the judgment of conviction which followed a jury’s finding that he was guilty as charged.

It is unnecessary to review the evidence in its complete detail. The prosecution proved that an informant, one Clark, introduced Fowle to government narcotics agents. Thereafter, on two different occasions, Fowle sold narcotics to one of the agents.

Fowle testified in his own defense. His testimony was to the general effect that he had not intended to commit a crime. He insisted that he had been led to believe, by the informant Clark and by an associate of Clark, that Clark had become involved in narcotics traffic and was therefore in trouble…