*571DISSENTING OPINION
EDGERTON, Senior Circuit Judge(dissenting):
The issue at this trial was credibility. The complaining witness and his mother testified that appellant had performed an indecent act. Appellant denied the allegations and his wife supported his testimony.
In his rebuttal argument to the jury the prosecutor made two highly questionable statements. First, he referred in a potentially prejudicial manner to a statement not in evidence.1 I quote from the transcript at pp. 117-118:
MR. GLANZER (the prosecutor): * * * he [the defense attorney] tried as he might to impeach these witnesses [the boy and his mother]. David with his April 3rd statement, statement made contemporaneously with the police department.
MR. HICKEY (the defense attorney) : Your Honor, this is the April 4th statement.
THE COURT: All right. The jury will have to rely on their own recollection.
MR. GLANZER: April 4th statement, tried to impeach and couldn’t do it. Read through the grand jury minutes of April 26 and come up with three items, her claims on variance with testimony none of which go to the heart of the case before you. None of it.
As a matter of fact they corroborate what David said.
You recall Mrs. Matthews made a statement on April 4th also. No impeachment with that statement.
MR. HICKEY: Objection, Your Honor. That statement is not in evidence.
THE COURT: Now, no statement in evidence from Mrs. Matthews, that is correct, so don’t take it you are arguing what was in that statement?
MR. GLANZER: No, Your Honor. THE COURT: Proceed.
This argument was clearly impermissible.2
Second, he argued that appellant’s “whole testimony here tailored to meet the government’s case is a recent fabrication designed to lure you and hoodwink you * *
The prosecution introduced three witnesses — the boy, his mother, and the arresting officer. There were only very minor discrepanies between the boy’s testimony and his mother’s and between the testimony of each and his own earlier statements. Each testified in detail about appellant’s attempt to make the boy commit oral sodomy. The appellant and his wife were the only defense witnesses. Appellant denied that the entire incident had taken place; his wife supported his version of the facts.
*572In my opinion the ease is very close. It turns only on whom the jury chooses to believe. Normally, of course, a jury decision on the question of credibility should remain undisturbed. But when there were two separate impermissible prosecution statements and the crime charged is as emotionally explosive as this one,3 the jury determination cannot, in my opinion, be permitted to stand. I think the appellant is entitled to a new trial.
. Although not in evidence, the statement was referred to during the course of the trial by both counsel.
. Reichert v. United States, 123 U.S.App.D.C. 294, 359 F.2d 278 (1966) ; Johnson v. United States, 121 U.S.App.D.C. 19, 347 F.2d 803 (1965).
. See Barber v. United States, 129 U.S.App.D.C. 193, 392 F.2d 517, decided March 8, 1968.