BLAKNEY v. UNITED STATES

No. 17518.

322 F.2d 988 (1963)

James E. BLAKNEY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 6, 1963.

Petition for Rehearing Denied October 11, 1963.


Attorney(s) appearing for the Case

Messrs. Sol M. Alpher and Claire O. Ducker, Washington, D. C. (both appointed by this court), for appellant.

Mr. Barry Sidman, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Frank Q. Nebeker and Donald S. Smith, Asst. U. S. Attys., were on the brief, for appellee.

Before BASTIAN, BURGER and WRIGHT, Circuit Judges.


Petition for Rehearing En Banc Denied October 11, 1963.

BURGER, Circuit Judge.

This is an appeal from judgment of conviction for robbery. The primary issue raised relates to the refusal of the District Court to instruct the jury that a written statement introduced in the process of impeaching a government witness, whose testimony had surprised the prosecution, was to be considered only on the issue of credibility. The factual situation presented by this case...

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