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THURMAN v. UNITED STATES

No. 18236.

316 F.2d 205 (1963)

Donald Dean THURMAN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

April 16, 1963.

Attorney(s) appearing for the Case

Robert M. Westberg, San Francisco, Cal., for appellant.

Cecil F. Poole, U. S. Atty., and Robert E. Woodward, Asst. U. S. Atty., Sacramento, Cal., for appellee.

Before HAMLEY and BROWNING, Circuit Judges, and MADDEN, Judge of the Court of Claims.

BROWNING, Circuit Judge.

1. It was error to suggest by leading questions on cross-examination of appellant that he had participated in specific acts of criminal conduct, not resulting in convictions, other than those with which he was charged. The questions could not be justified as impeachment; "only a conviction . . . may be inquired about to undermine the trustworthiness of a witness." Michelson v. United States, 335 U.S. 469

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