United States v. Paul Michael Mitchell

OPINION

DONALD RUSSELL, Circuit Judge:

This case presents us with the question of whether prosecutorial overreaching was sufficiently egregious in this case to require reversal. The alleged error arose out of the repetition throughout the testimony and argument of counsel of inadmissible and prejudicial evidence. The rule in connection with prosecutorial overreaching has been stated in many opinions. That rule has been framed as the maxim that “fi]t is often said and often forgotten that the duty of a prosecuting attorney is not to convict defendants but to try them fairly.” McFarland v. United…