Lofty v. United States

PAIR, Associate Judge:

This appeal is from judgments of conviction for attempted burglary in the second degree, D.C.Code 1967, § 22-1801 (b) (Supp. Ill, 1970), and unlawful entry, D.C.Code 1967, § 22-3102.

The appeal raises several questions, the most important of which is whether plain error was committed when the trial judge failed to give, sua sponte, an immediate cautioning instruction as to the limited purpose for which prior inconsistent extrajudicial statements of a witness were being admitted into evidence. Finding this claim of error to be substantial, we reverse.

On June 21, 1970,…