Herring v. United States

Appellant was found guilty in a trial without a jury of violating D.C.Code 1967, § 22-3214, which prohibits possession of certain dangerous weapons, including switchblade knives. At the trial such a knife was introduced and identified by two police officers as having been taken from appellant’s pocket at the time of his arrest. No objection was made to the admission of this particular piece of evidence, nor had there been a pre-trial motion to suppress, as required by Rule 41(e) of the Criminal Rules of the Court of General Sessions.

Notwithstanding the failure of defense counsel to raise the…