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Louis FENNEL, Appellant, v. UNITED STATES of America, Appellee

United States Court of Appeals for the District of Columbia Circuit1963-06-27No. No. 17697
320 F.2d 784

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Opinion

majority 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. 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.

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