U.S. Court of Appeals for the D.C. Circuit, 1963

Louis Fennel v. United States

Louis Fennel v. United States
U.S. Court of Appeals for the D.C. Circuit · Decided June 27, 1963 · Edgeeton, Fahy, Per Curiam, Weight
320 F.2d 784; 116 U.S. App. D.C. 62; 1963 U.S. App. LEXIS 4820 (Federal Reporter, Second Series)

Louis Fennel v. United States

Opinion

PER CURIAM.

The appeal is from a conviction of robbery, 22 D.C.Code § 2901, on a trial before a judge, trial by jury having been waived. 1 The defendant sought to convince the judge that the charge against him was due to a mistaken identification, but the evidence against him is strong, and we affirm. But we note that the trial judge erred in developing the fact — with the prosecution commendably not encouraging him to do so — that defendant at the time of his apprehension was found to have in his possession an automobile driver’s license bearing a name other than his own. Were the trial before a jury, or were the evidence of guilt less strong, we would feel obliged to reverse, since the driver’s license had nothing to do with the case on trial.

Affirmed.

1

. Defendant, now the appellant, was a juvenile. The Juvenile Court had waived jurisdiction to the District Court.

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