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UNITED STATES v. McCORD

No. 22308.

420 F.2d 255 (1969)

UNITED STATES of America v. John W. McCORD, Appellant.

United States Court of Appeals District of Columbia Circuit.

Decided December 1, 1969.

Petition for Rehearing Denied December 29, 1969.

Attorney(s) appearing for the Case

Mr. Johathan E. Gaines, Washington, D. C., with whom Mr. Andrew J. Kilcarr, Washington, D. C. (both appointed by this court), was on the brief, for appellant.

Mr. John G. Gill, Jr., Asst. U. S. Atty., for appellee. Messrs. David G. Bress, U. S. Atty. at the time the record was filed, Thomas A. Flannery, U. S. Atty., and John A. Terry, Asst. U. S. Atty., also entered appearances for appellee.

Before BAZELON, Chief Judge, FAHY, Senior Circuit Judge, and ROBINSON, Circuit Judge.

BAZELON, Chief Judge:

Appellant was convicted by a jury of assault with a deadly weapon and carrying a dangerous weapon. 22 D.C.Code §§ 502 and 3204. On appeal, he has urged two points: 1) that the trial court misapplied the Luck rule on impeachment by a prior record, and 2) that he was denied a fair trial by the Government's failure to conduct a fingerprint test on the gun involved in the alleged assault.

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