Reseña de Kelly v. United States

Kelly v. United States de District of Columbia Court of Appeals. Resumen del Libro

HOOD, Associate Judge. Appellant was convicted under an information charging that on a street in the District of Columbia he invited one Frank N. Manthos to accompany him for a lewd or immoral purpose. Code 1940, Supp. VII, § 22-2701. Of the five assigned errors we find possible merit in only one, consideration of which requires some statement of the factual background. The trial, without a jury, commenced on a Friday afternoon and the prosecution completed its case that day. The Government's case depended almost entirely on the testimony of Manthos who at the time of the occurrence was a plain-clothes policeman. On cross-examination of Manthos appellant's counsel was permitted to ask if, following the witness' testimony in another case referred to as the Mitchell Grill case, an assistant corporation counsel had charged that the witness committed perjury in that case and had recommended disciplinary action by the Police Department; and, if as a result of such charge, the witness had been demoted and transferred from the plain-clothes squad. The witness answered that no such charge had ever been made, that no official had questioned his truthfulness in the Mitchell Grill case, that his transfer from the plain-clothes squad was because his usefulness there had ceased on account of his becoming well known, and that his transfer was not a demotion but resulted in an increase in pay due to an ingrade promotion. The case was continued until the following Wednesday at 3:40 p. m. due to appellant's counsel's engagement in another court. On that day, apparently about noon, appellant's counsel requested the trial Judge to permit the issuance of a subpoena duces tecum to the Superintendent of Police requiring him to appear and bring with him the complete personnel records of Manthos and all correspondence relating to his transfer after the Mitchell Grill hearing. The trial Judge refused to authorize issuance of the subpoena. When the trial was resumed appellant's counsel asked that the record show that the subpoena had been requested and denied. Thereupon the following occurred:

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Kelly v. United States (District of Columbia Court of Appeals.) Análisis y Personajes

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