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EZ CD Audio Converter . Version includes advanced audio editing features such as splitting audio tracks..2d 95, 106-107 (D.C.1974); King v. Smith, 392 U.S. 309, 88 S.Ct. 2128, 20 L.Ed.2d 1118 (1968); Washington Legal Foundation v. United States, 321 F.Supp. 129, 135 (D.D.C.1971); 1 J. Wigmore, Evidence § 18 (3d ed. 1940). 43 Here the inadmissible evidence was introduced in the presence of the jury. No instruction was given to the jury to disregard it, and in fact a limiting instruction on the use of the evidence of appellant's prior conviction was rejected by the court. The impact of such evidence is in the first instance a determination for the jury. While it is the duty of the trial judge to see that such evidence is not admitted unless it is relevant and material to the issues in the case and where it would be proper, there is no one rule which has controlling force. Evidence of appellant's prior conviction for another crime is admissible as part of the case against appellant when it is relevant to the defendant's intent or motive to commit the crime charged and falls within one of the exceptions enumerated in Rule 404(b). See United States v. Dixon, 536 F.2d 1388, 1398 (2d Cir. 1976). Here, as in United States v. Dixon, supra, 536 F.2d at 1398, "(t)he Government's case was one that depended substantially on the jury's belief of the appellant's credibility." Under the circumstances of this case, we are satisfied that the error was prejudicial. 44 The judgment of conviction of appellant is reversed and the cause is remanded to the District Court for further proceedings consistent with this opinion. 1 18 U.S.C. § 922(a)(6) provides: (a) It shall be unlawful- (6) for any person in connection with the acquisition or attempted acquisition of any firearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, knowingly to make any false or misleading statement or to knowingly make any false or misleading statement in connection with the acquisition of any firearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector. 2









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