Dyson v. United States

MACK, Associate Judge:

After a jury trial, appellant was convicted of second-degree burglary (D.C.Code 1973, § 22-1801) and destruction of private property (D.C.Code 1973, § 22 — 403). On appeal, he raises one principal issue: whether comments by the prosecutor during rebuttal argument constituted such prejudicial misconduct as to require a new trial. 1 We find such comments to be improper. Since we are unable to say that the prosecutor’s conduct did not substantially sway the judgment of the jury, we reverse.

The government’s evidence showed that on the night of August 18,1978, at…