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KING v. UNITED STATES

No. 19689.

362 F.2d 968 (1966)

James H. KING, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 14, 1966.

Attorney(s) appearing for the Case

Mr. Eugene Ebert, Washington, D. C. (appointed by this court) for appellant.

Mr. Theodore Wieseman, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and Victor W. Caputy, Asst. U. S. Attys., were on the brief, for appellee. Mr. John C. Conliff, Jr., U. S. Atty. at the time the record was filed, also entered an appearance for appellee.

Before EDGERTON, Senior Circuit Judge, and McGOWAN and LEVENTHAL, Circuit Judges.

EDGERTON, Senior Circuit Judge:

This appeal is from a conviction for assault. The defendant's counsel had asked the trial judge to put this question to prospective jurors on voir dire: "`Would any member of the jury be prejudiced by the fact that the complaining witness is white and the defendants are Negro?'" The judge replied: "I shall never ask that question. We do not draw any color line in this courtroom. Now...

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