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BYRD v. UNITED STATES

No. 18896.

342 F.2d 939 (1965)

Arthur Eugene BYRD, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided January 14, 1965.

Attorney(s) appearing for the Case

Mr. P. Gordon Stafford (appointed by this court), Washington, D. C., for appellant.

Mr. Martin R. Hoffmann, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Frank Q. Nebeker and Joseph A. Lowther, Asst. U. S. Attys., were on the brief, for appellee.

Before BAZELON, Chief Judge, EDGERTON, Senior Circuit Judge, and WRIGHT, Circuit Judge.

J. SKELLY WRIGHT, Circuit Judge:

On this appeal from a robbery conviction, appellant urges trial court error in failing to instruct the jury that prior inconsistent statements of a defense witness could be considered only for impeachment purposes. The statements had been made by the witness during grand jury proceedings and introduced in this trial by the Government to impeach his inconsistent testimony given on direct examination. The Government urges that we adopt...

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