Carl Michael Mirabile v. United States

JOHN R. BROWN, Circuit Judge

(dissenting) :

Because I- believe that the improper examination of the defendant coupled with the inflammatory remarks made by the prosecutor in argument constitute prejudicial error requiring reversal, Dugan Drug Stores, Inc. v. United States, 5 Cir., 1964, 326 F.2d 835; Hull v. United States, 5 Cir., 1963, 324 F.2d 817; Washington v. United States, 5 Cir., 1964, 327 F.2d 793 [1964], I respectfully dissent. United States v. Cohen, 2 Cir., 1949, 177 F.2d 523, 528 (dissenting opinion) . The Court recognizes that the questions, to the certain professional knowledge of the prosecutor, were improper. All of this was compounded by the equally impermissible argument which drilled in the prior inadmissible testimony. The case seems to be another in which the only one hurt gets no relief. Cf. Tipton v. Socony Mobil Oil Co., 5 Cir., 1963, 315 F.2d 660, 662 (dissenting opinion), reversed mem., 1963, 375 U.S. 34, 84 S.Ct. 1, 11 L.Ed.2d 4.