HARRIS v. UNITED STATES

No. 21392.

402 F.2d 656 (1968)

John HARRIS, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided September 17, 1968.


Attorney(s) appearing for the Case

Mr. Jeffrey M. Glosser, Washington, D. C., (appointed by this court) for appellant.

Mr. Daniel J. Givelber, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and William L. Davis, Jr., Asst. U. S. Attys., were on the brief, for appellee.

Before BAZELON, Chief Judge, and WILBUR K. MILLER, Senior Circuit Judge, and BURGER, Circuit Judge.


BURGER, Circuit Judge:

Appellant was convicted in the District Court of the unauthorized use of a motor vehicle under 22 D.C.CODE § 2204 (1967). His appeal raises only one issue: the propriety of certain remarks made by the prosecutor in his closing argument to the jury.

This claim is raised for the first time on appeal as "plain error" under Rule 52(b) FED.R.CRIM.P. At trial there was no objection — either during the argument or thereafter, at...

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