How have the courts treated the argument that the prosecutor suggested that appellant was guilty by reason of association with his fellow bank robbers?

MultiRegion, United States of America

The following excerpt is from U.S. v. Sturgis, 578 F.2d 1296 (9th Cir. 1978):

Next, appellant contends that the prosecutor, on closing argument, suggested that appellant was guilty by reason of his association with his fellow bank robbers. Although we strongly condemn the prosecutor's argument that ". . . birds of a feather flock together," the record is replete with evidence that appellant was an active participant in the conspiracy to rob the bank, that he took part in the robbery and that he was present during the division of the stolen funds. Appellant's case People v. Mordino, 58 A.D.2d 197, 396 N.Y.S.2d 737 (1977), while superficially supporting appellant's contention, is wide of the mark when read in the light of the record before us. There, the court concluded that the prosecutor's comments did not constitute

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