Nos. 73-1081, 73-1232.

485 F.2d 287 (1973)

UNITED STATES of America, Appellee, v. Walter Louis ALLSUP, a/k/a Walter Lewis Allsup, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 19, 1973.

Attorney(s) appearing for the Case

Peter Denger, Rock Island, Ill., for appellant.

Allen L. Donielson, U. S. Atty., Des Moines, Iowa, for appellee.

Before HEANEY, STEPHENSON and WEBSTER, Circuit Judges.

STEPHENSON, Circuit Judge.

The dispositive issue on this appeal is whether the trial court erred in permitting the government to "impeach" the court's witness by offering the testimony of two witnesses as to oral out-of-court statements previously given by the court's witness allegedly inconsistent with his trial testimony. We hold the court erred and that under the circumstances a new trial must be granted.

Defendant was indicted in a 3 count indictment charging...

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