UNITED STATES v. OTT

No. 73-1251.

489 F.2d 872 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Herbert OTT, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 5, 1973.


Attorney(s) appearing for the Case

Allan A. Ackerman, Chicago, Ill., for defendant-appellant.

James R. Thompson, U.S. Atty., William T. Huyck, William J. Schilling, Asst. U.S. Attys., Chicago, Ill., for plaintiff-appellee.

Before KILEY and STEVENS, Circuit Judges, and WYZANSKI, Senior District Judge.


STEVENS, Circuit Judge.

The principal question is whether a material misstatement to the trial judge is the kind of prosecutorial misconduct which requires reversal. Possibly because we are influenced by the prosecutor's failure to acknowledge the error in his brief, or at the opening of oral argument, in this court, we conclude that it does. We also hold that defense counsel was entitled, during cross-examination of an important witness, to learn where and by whom...

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