United States v. Herbert Ott

STEVENS, Circuit Judge.

The principal question is whether a material misstatement to the trial judge is the kind of prosecutorial misconduct which requires reversal. Possibly because we are influenced by the prosecutor’s failure to acknowledge the error in his brief, or at the opening of oral argument, in this court, we conclude that it does. We also hold that defense counsel was entitled, during cross-examination of an important witness, to learn where and by whom the witness was employed.

Defendant was indicted for knowingly possessing checks stolen from the mail in violation of 18 U.S.C. §…