UNITED STATES v. PHILLIPS

No. 75-1423.

527 F.2d 1021 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Jimmie E. PHILLIPS, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 30, 1975.


Attorney(s) appearing for the Case

David T. Stutsman, Indianapolis, Ind., for defendant-appellant.

John E. Hirschman, U. S. Atty., Charles Goodloe, Jr., Asst. U. S. Atty., Indianapolis, Ind., for plaintiff-appellee.

Before CUMMINGS, ADAMS and SPRECHER, Circuit Judges.


SPRECHER, Circuit Judge.

The primary issue presented by this appeal is whether statements made by the prosecuting attorney during closing argument to the jury were prejudicial. For the reasons set out below, we reverse the judgment of the district court and remand for a new trial.

I

The defendant-appellant, Jimmie E. Phillips, after a trial by jury, was convicted of distribution and attempted distribution of certain controlled substances in violation...

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