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UNITED STATES v. WHITE

No. 152, Docket 73-1597.

486 F.2d 204 (1973)

UNITED STATES of America, Appellee, v. William WHITE, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 11, 1973.

Attorney(s) appearing for the Case

William Epstein, New York City (Robert Kasanof, The Legal Aid Society, New York City, on the brief), for defendant-appellant.

John D. Gordan, III, Asst. U. S. Atty., for the S.D.N.Y. (Paul J. Curran, U. S. Atty., Eugene F. Bannigan, Asst. U. S. Atty., for the S.D.N.Y., on the brief), for appellee.

Before KAUFMAN, Chief Judge, and SMITH and MULLIGAN, Circuit Judges.

IRVING R. KAUFMAN, Chief Judge:

A few injudicious words uttered in the heat of battle by an Assistant United States Attorney may undo months of preparation by police, prosecutorial, and judicial officers. In some cases, the prosecutor's excess zeal may be so egregious that it taints a conviction, requiring us to order a new trial. When, as in the instant case, the trial is short and devoid of any other claims of error, seemingly trivial prosecutorial impropriety may...

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