GARRIS v. UNITED STATES

No. 21142.

390 F.2d 862 (1968)

David W. GARRIS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 14, 1968.


Attorney(s) appearing for the Case

Mr. Charles R. Cutler, Washington, D. C. (appointed by this court), for appellant.

Mr. Scott R. Schoenfeld, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., and Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for appellee.

Before WRIGHT, McGOWAN and ROBINson, Circuit Judges.


McGOWAN, Circuit Judge:

On this appeal from convictions of rape, robbery, and unauthorized use of a motor vehicle, reversal is sought by reason of certain errors allegedly occurring in the course of a jury trial. We find merit in only one of these claims, but that one makes a new trial imperative. It involves the prosecutor's arguing facts to the jury which he had been unable to get into evidence over a defense objection. Capital cases involving brutal crimes of the...

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