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BARNES v. UNITED STATES

No. 19313.

365 F.2d 509 (1966)

Robert E. BARNES, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 3, 1966.

Opinions May 27, 1966.

Attorney(s) appearing for the Case

Mr. Boris Haskell, Washington, D. C. (appointed by this court), for appellant.

Mr. Robert S. Brady, Atty., Dept. of Justice, 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. Miss Carol Garfiel, Asst. U. S. Atty., also entered an appearance for appellee.

Before PRETTYMAN, Senior Circuit Judge, and FAHY and LEVENTHAL, Circuit Judges.

PER CURIAM:

The appeal is from a conviction of housebreaking, grand larceny and assault. Defendant did not testify; and the case did not present an occasion for introducing evidence of defendant's criminal record. Nevertheless the prosecution, over defense objection, was permitted to introduce in evidence a "rogues gallery" or "mug shot" photograph of defendant, conveying to the jury the information that defendant had a police record. This prejudice was not dissipated...

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