United States v. Self

(concurring);

I concur. I am convinced that we must measure the misconduct here— and it can be regarded in no other light — by the yardstick of specific prejudice. When we do this, we must conclude — as the majority opinion has demonstrated — that Self, as the accused in this case, could not have been harmed materially.

There is no question in my mind about the presence of positive error in this case. Behavior of the sort with which we are presently concerned certainly does not conduce to the dignified and orderly trial procedure contemplated by the Uniform Code. It is even possible that it…