United States v. Wood

(dissenting) :

I dissent.

I cannot agree that trial counsel’s argument on sentence, which the majority concede was patently erroneous in several particulars, did not prejudice this accused.

The accused was convicted of indecent liberties with boys under sixteen years of age, admittedly most distasteful offenses; however, the nature of the offenses was no excuse for trial counsel’s most intemperate argument. As the Supreme Court stated in Berger v United States, 295 US 78, 88, 79 L Ed 1314, 55 S Ct 629 (1935) :

“. . . while he may strike hard blows, he is not at liberty to strike foul ones. It is…