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WHITE v. UNITED STATES

No. 4666.

248 A.2d 825 (1969)

Charles Emanuel WHITE, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided January 8, 1969.

Attorney(s) appearing for the Case

David C. Niblack, Washington, D. C., for appellant.

Robert Eliot Easton, Atty., Dept. of Justice, of the bar of the State of New York, pro hac vice, by special leave of court, with whom David G. Bress, U. S. Atty., and Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for appellee; Carl S. Rauh, Asst. U. S. Atty., also entered an appearance for appellee.

Before HOOD, Chief Judge, and MYERS and FICKLING, Associate Judges.

FICKLING, Associate Judge:

Appellant was convicted by a jury of assault. D.C.Code 1967, § 22-504. At the trial he offered no evidence, nor did he testify. During final argument to the jury, the following comment was made by the prosecutor:

Who struck the first blows in this case after the defendant was arrested? Mr. White struck the first blows. That was the testimony of the two police officers. You have heard nothing to the contrary. (Emphasis...

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