Frank Gaynor v. United States
Cases that cite this one
7 later published cases cite this decision.
- United States v. Gregory L. Harris (D.C. Cir. 1970)
- United States v. William Leroy Baete (5th Cir. 1969)
- Brant v. Scafati (District Court, D. Massachusetts 1969)
- United States v. Beatty (District Court, D. Maryland 1968)
- United States v. William James Kimbrew (6th Cir. 1967)
- Moore v. State (Fla. Dist. Ct. App. 1966)
- Frank Sepulveda Casados v. United States (5th Cir. 1962)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Appellant and two others were indicted and put on trial for housebreaking, larceny and destruction of property in violation of D.C.Code (1951) §§ 22-1801, 22-2201, 22-2202, 22-403. The evidence against appellant was circumstantial and, though sufficient to go to a jury, inconclusive. Before the trial was concluded the court entered judgment of acquittal as to one of the co-defendants. The remaining defendant other than appellant, one Mitchell, was permitted in open court and in the presence of the jury to change his plea of not guilty to guilty. When doing this he was asked by the trial judge whether he admitted that he committed the offense. He replied, “of being with them, yes” — “them” including appellant. Counsel for appellant moved for a mistrial. It will be seen that Mitchell was in all substance permitted to testify against appellant without taking the stand. The incident was clearly prejudicial to appellant and the error in permitting it is obvious. We have accordingly entered judgment reversing and remanding. Cf. Payton v. United States, 96 U.S.App.D.C. 1, 222 F.2d 794.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.