This appellant on January 12,1966 was convicted of impersonating an officer in violation of D.C.Code § 22-1304 (1961). He has contended on appeal that he was denied a fair trial due to the ineffective assistance of counsel.
In view of the nature of the challenge, we observe at once that we enter upon our consideration of the problem arising on this record with no lack of confidence in the appellant’s court-appointed trial counsel. His general competence is well known to the court. That an awkward situation arose is clear; that counsel went forward under trying circumstances and with an uncooperative client is apparent.
But the majority is satisfied that in net result the defense fell substantially short of what we should consider adequate. Cumulatively, various facets became so meaningful that we are of the opinion a new trial fairly is required, particularly since the case was so close. The trial *90judge deemed himself obliged to decide— quite properly — that four counts should be dismissed. Indeed it is obvious that he seriously considered dismissing the remainder of the case.
Without extensive detail, we may briefly illustrate the basis for the misgivings arising from our review of the trial transcript.
The evidence disclosed that about 12:30 A.M. on June 12,1965, the appellant came upon two young men seemingly engaged in an altercation. The appellant took it upon himself to intervene in what those witnesses described as mere horseplay. Appellant’s trial counsel told the jury in his opening statement that by way of defense the appellant would be shown to have been accredited in the District of Columbia as a special police officer. The Government proved the contrary. Counsel told the jury that the badge “that you will see will be that of a special police ■officer.” The Government proved that whatever badge the appellant was said to have exhibited is “not the type” officially issued to special police officers who have been accredited. Counsel told the jury that if there be need to rebut the Governments evidence, the accused would take the stand. But he was not called as a witness. No subpoena had been issued for an allegedly material witness with whom counsel had not conferred. The attorney had been appointed three weeks earlier. No continuance was sought; the witness was not produced. Counsel explained that he had never talked to his client, the appellant, until the morning of the day the case went to trial. As to repeated hearsay statements, counsel informed the court “I have been allowing narrative testimony so that I can get a picture.”
We can do no more than speculate concerning the effect upon the jury where such lapses have raised so much doubt in our own minds as to possible prejudice. Since we feel a remand is insufficient because of the state of the record before us, we conclude that the conviction should be
Reversed.