John A. White v. United States

BAZELON, Chief Judge:

In this petition for rehearing, appellant urges that our opinion of September 17, 1964 shows that we have misread the record in affirming his conviction for first degree murder. That opinion assumed, without deciding, that appellant’s statement to the police after arrest was inadmissible in the Government’s case in chief. But we held that statement admissible on Government rebuttal to impeach appellant’s self-defense claim for the reasons that (1) appellant “made the first reference to his statement” in his testimony, and (2) “defense counsel did not object to the…