Luther O. Troublefield v. United States

DANAHER, Circuit Judge:

A jury found this appellant guilty of assault with a dangerous weapon. On appeal it has been contended that the conviction must be reversed on the ground of “plain error” arising from the Government’s cross examination of its own wit*914ness, one Strohman. The latter recanted and repudiated his pretrial signed statement in which Strohman had implicated the appellant.

The jury could have found that about 1:30 on the morning of November 19, 1964, a schoolteacher named Robert Webb with his friend Terrell boarded a bus. At the same time, Troublefield and Strohman entered the bus…