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UNITED STATES v. SCARBOROUGH

Nos. 24430, 24431.

452 F.2d 1378 (1971)

UNITED STATES of America v. Roosevelt SCARBOROUGH, Jr., Appellant. UNITED STATES of America v. Jose DIXON, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided November 4, 1971.

Attorney(s) appearing for the Case

Mr. Anton M. Weiss (appointed by this court) for appellant in No. 24,430.

Mr. Walter W. Woodside (appointed by this court) filed a brief for appellant in No. 24,431.

Mr. James F. Flanagan, Asst. U.S. Atty. with whom Messrs. Thomas A. Flannery, U.S. Atty. and John A. Terry and John G. Gill, Jr., Asst. U.S. Attys., were on the brief, for appellee.

Before MacKINNON and WILKEY, Circuit Judges, and GOURLEY, Senior District Judge for the Western District of Pennsylvania.

MacKINNON, Circuit Judge:

Appellant Scarborough here questions the impeachment of one of his alibi witnesses through the use of a prior forgery conviction.1 The witness secured her final release from probation approximately ten years and four months prior to the date the past conviction was used to impeach her testimony. At the time of the trial, there was no time limit, statutory or otherwise, on the use of prior convictions for such...

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