(dissenting):
Freeman was convicted by a jury of a vicious armed robbery and on this appeal, with new counsel, claims he was denied a fair trial because of (1) the admission of one item of hearsay evidence, (2) the prosecutor’s reference to his “background,” and (3) the prosecutor’s reference to his taking the stand. None of these objections were raised at any time during the trial.
The essence of Officer Mullarky’s testimony was that a witness at the scene told him that one of the robbers was nicknamed “Dickie.” If this was hearsay, it was hearsay at the moment it was introduced in evidence. A timely *1322objection at that point would have forced the Government to disclose the purpose for which the evidence was being introduced and would have led to a prompt ruling on its admissibility and possibly an immediate cautionary instruction if it was ruled admissible for only a limited purpose. Despite this, appellant made no attempt to call any deficiency in the evidence to the court’s attention at any time and thus waived the right to raise it on appeal.1 United States v. Lewis, 140 U.S.App.D.C. 40, 433 F.2d 1146 (1970); Washington v. United States, 134 U.S.App.D.C. 223, 414 F.2d 1119 (1969).
Since the majority recognizes 169 U.S. App.D.C.-, 514 F.2d 1317, supra) that the “Dickie” testimony was admissible to show why the officers went to a particular address, it is left only with an argument that under United States v. McClain, 142 U.S.App.D.C. 213, 218, 440 F.2d 241, 246 (1971), the trial court should have sua sponte given a cautionary instruction limiting the use of the testimony. Even under this principle, the majority must concede that an immediate instruction was not necessary because the relevance of the testimony did not become apparent until later in trial. However, according to the law of this Circuit, which is also the generally accepted doctrine elsewhere:
Hearsay evidence is not wholly alien to the judicial process and in the absence of objection may be accorded within reason its natural probative effect.
United States v. Harris, 141 U.S.App.D.C. 253, 258, 437 F.2d 686, 691 (1970). See Diaz v. United States, 223 U.S. 442, 450, 32 S.Ct. 250, 56 L.Ed. 500 (1912); . United States v. Carney, 468 F.2d 354 (8th Cir. 1972); Newsom v. United States, 335 F.2d 237 (5th Cir. 1964); Petro v. United States, 210 F.2d 49 (6th Cir.), cert. denied, 347 U.S. 978, 74 S.Ct. 790, 98 L.Ed. 1116 (1954); United States v. Rosenburg, 195 F.2d 583 (2d Cir.), cert. denied, 344 U.S. 838, 73 S.Ct. 20, 97 L.Ed. 652, rehearing denied, 344 U.S. 889, 73 S.Ct. 134, 97 L.Ed. 687 (1952). See generally 30 Am.Jur.2d, Evidence § 1103. Thus once the evidence had been admitted without objection, the jury was free to consider it for whatever it was worth, and the trial court would have no occasion to weigh the need for a limiting instruction, later, at least in the absence of a direct attempt by counsel to correct some oversight occurring when the evidence was admitted.
I am of course aware that this court has discretion to notice “plain or fundamental defects or errors affecting substantial rights . . . although they were not brought to the attention of the trial court.” Harris, supra, 437 F.2d at 691. See Fed.R.Crim.P., Rule 52(b). However, in a situation where evidence is admitted without objection for two purposes, only one of which is susceptible to a hearsay objection, and the most the defendant would be entitled to is a limiting instruction, I cannot conclude that this is “plain error” or has affected “substantial rights.”
Concerning the prosecutor’s reference to appellant’s “background,” the majority opinion points out, “[t]here is no evidence on the record that could have supplied content to the word ‘background.’ No prior arrests or convictions were introduced [and] . . . defense counsel stated in summation [without contradiction] that the defendant ‘was a young man with no prior record.’ ” Majority Op., supra, 169 U.S.App.D.C. -, 514 F.2d 1319. This is merely another way of saying that the comment was completely devoid of any meaning as applied to this case. The remark was clearly uncalled for, as was the comment on the accused taking the stand in his own behalf, but there is nothing in the record to indicate that either comment resulted in any demonstrable prejudice.
*1323Furthermore, the reaction of trial counsel to developments in the course of a trial is frequently a good bellweather as to whether any circumstance is unreasonably prejudicial. He has the feel of the case and knows first hand the courtroom climate. Moreover, standard trial practice generally requires counsel to object at trial so that the prejudice, if any, can be corrected on the spot and society spared the unnecessary cost and uncertainty of a second trial. This is particularly true as to matters that could be corrected by jury instructions:
No party may assign as error any portion of the charge or omission therefrom unless he objects thereto before the jury retires to consider its verdict, stating distinctly the matter to which he objects and the grounds of his objection.
Fed.R.Crim.P., Rule 30. Both of the comments by the prosecutor that appellant points to for the first time on appeal could have been corrected by instructions to the jury immediately following the prosecutor’s argument, but experienced trial counsel saw no reason to object thereto. The failure to object is thus further evidence that the comments were merely fleeting remarks which did not significantly prejudice the jury in any way.
When we consider that the absence of any demonstrable prejudice, as shown above, is combined with the strong, positive identification of the accused robber by the victim himself within a few minutes of the crime and about two blocks from the scene, affirmance of the conviction is clearly called for. I accordingly respectfully dissent to the needless reversal and remand of this case.
. In addition to not objecting to the admission of Officer Mullarky’s testimony as part of the Government’s case, defense counsel later elicited the identical testimony on his cross-examination of the officer. Tr. 91-93.