TIMMS v. UNITED STATES

No. 20037.

367 F.2d 325 (1966)

Joe E. TIMMS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided September 30, 1966.


Attorney(s) appearing for the Case

Mr. Roger A. Clark, Washington, D. C. (appointed by this court), for appellant.

Mr. Edward T. Miller, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and William H. Collins, Jr., Asst. U. S. Attys., were on the brief, for appellee. Mr. Dean W. Determan, Asst. U. S. Atty., at the time the brief was filed, also entered an appearance for appellee.

Before DANAHER, BURGER and McGOWAN, Circuit Judges.


PER CURIAM:

This appeal from a conviction of housebreaking and larceny presents two claims of error in the conduct of the trial. One has to do with the sustaining of an objection to a defense question assertedly designed to elicit from a prosecution witness the fact of a prior criminal conviction. It appears that, at the time the question was asked, defense counsel did not know whether there was such a conviction in fact, and the question thus lacked any foundation...

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