United States v. John L. Bailey, United States of America v. Cleveland Burgess

FAHY, Senior Circuit Judge:

Appellants were convicted by a jury of robbery,1 and assault with a dangerous weapon.2 Appellant Bailey, in addition, was convicted of illegal possession of a sawed-off shotgun.3

There are two questions on the appeal: (1) whether the trial judge abused his discretion in ruling that if either defendant were to testify the court would permit his impeachment by evidence of a prior conviction and (2) whether by this ruling appellants were deprived of a fair trial in violation of the Sixth Amendment and the Due Process Clause of the Fifth Amendment. We affirm the…