Apodaca v. United States

HOLMES, Circuit Judge.

This appeal is' from a conviction on all five counts of an indictment charging appellant with receiving and possessing property stolen from interstate commerce, in violation of Title 18, § 659, U. S. Code. He relie? principally on an alleged error of the court in refusing to enter a- mistrial due to the conduct of the prosecution in attempting to impeach Victor Diaz, one of its own witnesses. The facts are as follows :

An agent of the Federal Bureau of-Investigation, testifying for the government, identified certain shirts that he had obtained from another government…