U.S. v. INCE

No. 93-5247.

21 F.3d 576 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Nigel D. INCE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 7, 1994.


Attorney(s) appearing for the Case

ARGUED: Daniel Peter Barrera, Chamowitz & Chamowitz, Alexandria, VA, for appellant.

Anita Thomas, Sp. Asst. U.S. Atty., Alexandria, VA, for appellee. ON BRIEF: Kenneth E. Melson, U.S. Atty., Alexandria, VA, for appellee.

Before MURNAGHAN and HAMILTON, Circuit Judges, and KAUFMAN, Senior United States District Judge for the District of Maryland, sitting by designation.


OPINION

MURNAGHAN, Circuit Judge:

Appellant Nigel D. Ince was convicted by a jury for assault with a dangerous weapon, with intent to do bodily harm. Because the United States' only apparent purpose for impeaching one of its own witnesses was to circumvent the hearsay rule and to expose the jury to otherwise inadmissible evidence of Ince's alleged confession, we reverse.

I

Late on the evening of September 4, 1992, a rap concert and dance...

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