UNITED STATES v. SAWYER

No. 23706.

443 F.2d 712 (1971)

UNITED STATES of America v. Charles SAWYER, Jr., Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided May 11, 1971.


Attorney(s) appearing for the Case

Mr. Anton M. Weiss, Washington, D. C. (appointed by this Court) for appellant.

Miss Karen L. Atkinson, Atty., Department of Justice, of the bar of the Supreme Court of Virginia, pro hac vice, by special leave of Court, with whom Messrs. Thomas A. Flannery, U. S. Atty., and John A. Terry, Asst. U. S. Atty., were on the brief, for appellee.

Before BAZELON, Chief Judge, and LEVENTHAL and ROBINSON, Circuit Judges.


BAZELON, Chief Judge:

The sole question presented by this appeal is whether defense counsel in a criminal case, in summation to the jury, has the right to relate his factual argument to the governing principles of law.

Appellant was found in possession of a number of items that had recently been taken from a locked car. In accordance with the applicable law, the jury was instructed that it was permissible, but not necessary, to infer from the fact of possession...

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