UNITED STATES v. BECKETT

No. 82-2512. Summary Calendar.

706 F.2d 519 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. John Richard BECKETT, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 11, 1983.


Attorney(s) appearing for the Case

Richard W. Rogers, III, Corpus Christi, Tex., for defendant-appellant.

James R. Gough, Asst. U.S. Atty., Houston, Tex., for plaintiff-appellee.

Before RUBIN, JOHNSON and WILLIAMS, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

Prosecutorial misconduct, fortunately occurring only occasionally, mars any trial in which it occurs and gives grounds for appeal. But a conviction should not be set aside if the prosecutor's conduct, however wrongful, did not in fact contribute to the guilty verdict and was, therefore, legally harmless. For this reason, despite the occurrence of improper conduct by the prosecutor, we affirm...

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