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PETWAY v. UNITED STATES

No. 11972.

391 A.2d 798 (1978)

Harvey PETWAY, Appellant, a/k/a George Patwell, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided September 8, 1978.

Attorney(s) appearing for the Case

James L. Lyons, Washington, D. C., with whom Edwin A. Williams, Washington, D. C., was on brief, for appellant.

William J. Cassidy, Jr., Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry and Donald L. Abrams, Asst. U. S. Attys., Washington, D. C., were on brief, for appellee.

Before NEWMAN, Chief Judge, and KERN and GALLAGHER, Associate Judges.

PER CURIAM:

The jury's conviction of appellant for carnal knowledge of and incest with his daughter has been put in jeopardy on this appeal because of the unwarranted and hence improper interjection of the trial judge throughout the trial and in particular during (a) the cross-examination of two key prosecution witnesses — the prosecutrix and her mother — and (b) the examination of a key defense alibi witness...

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