Court of Appeals for the Tenth Circuit March 1, 1972, 19-9566 (United States v. John Edwards Soares)

LEWIS, Chief Judge

(concurring).

I concur but in so doing wish to recognize subjectively the prejudice inherent in the act of informing a jury that a co-defendant has pleaded guilty and the lack of validity in the assumption that an instruction to draw no adverse inference from that fact realistically protects the defendant from all harm. Cf. Bru-ton v. United States, 391 U.S. 123, 88 S. Ct.