Is a defendant denied a fair trial because he was referred to by the prosecutor at trial as a man with a beard?

MultiRegion, United States of America

The following excerpt is from United States v. Matanky, 482 F.2d 1319 (9th Cir. 1973):

Appellant also contends that he was denied a fair trial because he was referred to by the prosecutor at trial as the "man with the beard." This contention is untenable. The record indicates that reference to appellant's plumage was solely for ease of identification. There was no prejudice. Cf. Ham v. South Carolina, 409 U.S. 524, 93 S.Ct. 848, 35 L.Ed.2d 46 (1973); id., at 529-530, 93 S.Ct. at 851-852 (Douglas, J., dissenting and concurring).

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