(concurring):
I concur in the opinion of the court except as to point (1) respecting the question concerning a previous conviction for which an appeal was pending, and as to that I concur in the result. I would not reach the merits.
The district judge properly sustained an objection to a question as to a previous conviction for which an appeal was pending. No motion for mistrial was made and no request was made to the district judge to charge the jury that the question was ' improper. The question was never answered. This is a matter of trial tactics and could just as well have been for the purpose of not drawing the jury’s attention to the matter again, as it probably was, as for any other reason. We are advised by the United States Attorney on oral argument that it is not customary in that district, as it is in some, to charge the jury that any evidence as to which an objection was sustained must be entirely disregarded.
As to the merits, United States v. Potts, 420 F.2d 964 (4th Cir. 1970), assuming for argument it is not directly in point, is a strong indication that the rule in this circuit is that such a question is improper. There, the district court charged the jury to disregard the matter. 16 A.L.R.3d 726 contains an annotation giving a breakdown of various courts on the point at hand.
Rule 609(e) of the Federal Rules of Evidence, I submit, does not affect proceedings like those before us brought before 180 days after January 2, 1975, P.L. 93-595, 93d Congress, 43 L.W. 137.