Anthony M. Accardo v. United States

249 F.2d 519

Opinions

PER CURIAM.

The appeal is from a judgment of' conviction of attempt to commit robbery, in violation of section 22-2902, D.C.Code (1951). The incidents which led to the indictment occurred at a gasoline station owned and operated by the principal witness for the prosecution. Since the defendant did not take the stand, the case turned from a factual standpoint upon the credence the jury would give to the testimony of the principal prosecution witness. While his testimony was not corroborated we think it adequately supports the verdict and that this is so notwithstanding the circumstance that the intent to rob, an essential element of the offense charged, could only be inferred. The witness could have been under no delusion as to his visitor’s intent when, es he testified, he “looked up and into the /muzzle of an automatic pistol.”

It is contended that remarks of the prosecuting attorney in his summation to the jury were improper and prejudicial. No objection to the remarks was made, and so we do not consider the point except to say that it is not of a character, in the context of the case as a whole, Which requires us to pass upon it in our discretion to consider trial questions not raised in the District Court. Lawson v. United States, 101 U.S.App.D.C. 332, 248 F.2d 654, and cases cited. Nor are other errors urged for the first time in this court ground for reversal.¹

Affirmed.

1 . After the case was submitted in this . court, a supplemental brief and supporting affidavit were filed with us on behalf of appellant, growing out of the distribution by the clerk of the District Court to petit jurors of a manual entitled “Jury Service,” said to contain guides to the jury inconsistent with the rights of defendant. The problem thus created is not initially for decision in this court in the absence of any motion or other proceedings with respect to it in the record made in the District Court.