United States v. John L. Bailey, United States of America v. Cleveland Burgess

MacKINNON, Circuit Judge

(concurring in part and dissenting in part):

I concur in Part I and in the disposition of this case but do not join in all the discussion in Part II. The intimation that D.C.Code § 14-305 is unconstitutional amounts substantially to a contention that even Luck v. United States, 121 U.S.App.D.C. 151, 348 F.2d 763 (1965) must be broadened. This comes at a time when the Congress is seriously considering the modification or outright repeal of the Luck doctrine. Trials are designed as a search for the truth and in my opinion thát purpose would not be aided by permitting the testimony of convicted felons to stand on an even basis to that of honest, law-abiding citizens. “Otherwise, a defendant, secure from refutation, would have too clear a license unscrupulously to impose a false character upon the tribunal.” 1 J. Wig-more, Evidence § 58 (3d ed. 1940).