Louis Fennel v. United States

The appeal is from a conviction of robbery, 22 D.C.Code § 2901, on a trial before a judge, trial by jury having been waived. 1 The defendant sought to convince the judge that the charge against him was due to a mistaken identification, but the evidence against him is strong, and we affirm. But we note that the trial judge erred in developing the fact — with the prosecution commendably not encouraging him to do so — that defendant at the time of his apprehension was found to have in his possession an automobile driver’s license bearing a name other than his own. Were the trial before a jury,…