United States v. Flemming Anderson, United States of America v. William G. Hale

BAZELON, Chief Judge:

In a joint trial appellants were convicted by. a jury of robbery. Anderson received a two to eight year sentence ; imposition of Hale’s sentence was suspended, and he was placed on probation for three years. Hale seeks reversal on the ground that the prosecutor impermissibly sought to elicit his reason for not asserting his alibi to the police when arrested. Anderson seeks reversal on the ground that he was prejudiced by several comments in Hale’s closing argument. We reverse Hale’s conviction, and affirm Anderson’s.1

I

The government’s case rested largely on the testimony…