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DYSON v. UNITED STATES

No. 79-766.

418 A.2d 127 (1980)

Phillip P. DYSON, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided July 14, 1980.

Attorney(s) appearing for the Case

John C. Hayes, Jr., Washington, D. C., appointed by the court, for appellant.

Martin J. Linksky, Asst. U. S. Atty., Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty., John A. Terry and Peter E. George, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Before NEWMAN, Chief Judge, and KELLY and MACK, Associate Judges.

MACK, Associate Judge:

After a jury trial, appellant was convicted of second-degree burglary (D.C.Code 1973, § 22-1801) and destruction of private property (D.C.Code 1973, § 22-403). On appeal, he raises one principal issue: whether comments by the prosecutor during rebuttal argument constituted such prejudicial misconduct as to require a new trial.1 We find such comments to be improper. Since we are unable to say that the prosecutor...

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