Louis Fennel v. United States

320 F.2d 784, 116 U.S. App. D.C. 62, 1963 U.S. App. LEXIS 4820

Opinion

PER CURIAM.

The appeal is from a conviction of robbery, 22 D.C.Code § 2901, on a trial before a judge, trial by jury having been waived. 1 The defendant sought to convince the judge that the charge against him was due to a mistaken identification, but the evidence against him is strong, and we affirm. But we note that the trial judge erred in developing the fact — with the prosecution commendably not encouraging him to do so — that defendant at the time of his apprehension was found to have in his possession an automobile driver’s license bearing a name other than his own. Were the trial before a jury, or were the evidence of guilt less strong, we would feel obliged to reverse, since the driver’s license had nothing to do with the case on trial.

Affirmed.

1 . Defendant, now the appellant, was a juvenile. The Juvenile Court had waived jurisdiction to the District Court.