If we could take as fact that nitrostarch dynamite, an apparently rare type, was used in the bombing charged against defendant, and if we could take as fact that defendant was involved in the other bombings in which nitrostarch dynamite was used, the evidence of the other bombings would be relevant and admissible to show identity, "signature," or modus operandi. See, e.g., United States v. Mahar, 519 F.2d 1272 (6th Cir.), cert. denied, 423 U.S. 1020, 96 S.Ct. 458, 46 L.Ed.2d 393 (1975), in which an accomplice linked the defendant to the robbery charged, other witnesses linked the defendant to the previous robberies, and the modus operandi suggested a common perpetrator. See also United States v. Herbst, 565 F.2d 638 (10th Cir. 1977).

See Ring, supra, at 1005. Accord, United States v. Czarnecki, 552 F.2d 698, 702 (6th Cir.), cert. denied, 431 U.S. 939, 97 S.Ct. 2652, 53 L.Ed.2d 257 (1977); United States v. Largent, 545 F.2d 1039, 1043 (6th Cir. 1976), cert. denied, 429 U.S. 1098, 97 S.Ct. 1117, 51 L.Ed.2d 546 (1977); United States v. Mahar, 519 F.2d 1272 (6th Cir.), cert. denied, 423 U.S. 1020, 96 S.Ct. 458, 46 L.Ed.2d 393 (1975). The references to alleged past criminal associations were of a general nature; there was no testimony as to specific prior bad acts or their substantive or temporal relationship to the offense charged.

Such is an exception to the general rule in jury trials that evidence of instances of prior misconduct of a criminal defendant are inadmissible to show defendant's bad character or criminal propensity. United States v. Dudek, Case No. 76-2537, 560 F.2d 1288 (6th Cir. 1977); United States v. Czarnecki, supra; United States v. Mahar, 519 F.2d 1272, 1273 (6th Cir. 1975), cert. den., sub. nom. Harris v. United States, 423 U.S. 1020, 96 S.Ct. 458, 46 L.Ed.2d 393 (1975); United States v. Semak, 536 F.2d 1142, 1144 (6th Cir. 1976). However, we have found no Sixth Circuit authorities, and none is cited by the appellant, for the proposition that instructing a jury that it may consider evidence of past misconduct as bearing on the issue of defendant's good character constitutes "plain error" requiring reversal.

This principle has been espoused by nearly all of the courts of appeals. E. g., Bradley v. United States, supra note 41, 140 U.S.App.D.C. at 13-14, 433 F.2d at 1119-1120, citing Billings v. United States, 42 App.D.C. 413, 415 (1914); United States v. Brettholz, 485 F.2d 483, 487 (2d Cir. 1973), cert. denied, 415 U.S. 976, 94 S.Ct. 1561, 39 L.Ed.2d 871 (1974), citing C. McCormick, Evidence § 190 at 453 (Cleary ed. 1972); United States v. Cook, 538 F.2d 1000, 1003 (3d Cir. 1976); Lovely v. United States, 169 F.2d 386, 388 (4th Cir. 1948); United States v. Bloom, 538 F.2d 704, 711 (5th Cir. 1976) (Tuttle and Clark, JJ., concurring), citing United States v. Goodwin, 492 F.2d 1141, 1150-1151 (5th Cir. 1974); United States v. Mahar, 519 F.2d 1272, 1273 (6th Cir.), cert. denied, 423 U.S. 1020, 96 S.Ct. 458, 46 L.Ed.2d 393 (1975); United States v. Clemons, 503 F.2d 486, 490 (8th Cir. 1974). See also United States v. Barrett, 539 F.2d 244, 248 (1st Cir. 1976); United States v. Phillips, 375 F.2d 75, 82-83 (7th Cir.), cert. denied, 389 U.S. 834, 88 S.Ct. 40, 19 L.Ed.2d 95 (1967) (dissenting opinion).

(Footnote omitted)See also United States v. Largent, 545 F.2d 1039 (6th Cir., decided Dec. 13, 1976); United States v. Faulkner, 538 F.2d 724 (6th Cir.), cert. denied, ___ U.S. ___, 97 S.Ct. 640, 50 L.Ed.2d 624 (1976); United States v. Wiley, 534 F.2d 659 (6th Cir. 1976); United States v. Mahar, 519 F.2d 1272 (6th Cir.), cert. denied sub nom. Harris v. United States, 423 U.S. 1020, 96 S.Ct. 458, 46 L.Ed.2d 393 (1975); Rule 404(b) Fed.R.Evid. However, a prerequisite to qualify for one of the exceptions to the general rule is that the prior criminal acts referred to in the testimony be similar to those actually charged in the indictment.

Evidence of prior misconduct is not admissible to prove the character of a person or another crime, but rather is admissible to prove motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. Fed.R.Evidence 404; United States v. Faulkner, 538 F.2d 724, 728 (6th Cir. 1976); United States v. Wiley, 534 F.2d 659, 663 (6th Cir. 1976); United States v. Mahar, 519 F.2d 1272, 1273 (6th Cir.), cert. denied sub nom., Harris v. United States, 423 U.S. 1020, 96 S.Ct. 458, 46 L.Ed.2d 393 (1975); and United States v. Ring, 513 F.2d 1001, 1004 (6th Cir. 1975). Generally, this evidence must be substantially similar and near in time to the offense charged, must be in issue, and must have more probative value than prejudicial impact.

Where the incidents are close in time and similar in modus operandi, evidence of other crimes is frequently admissible on, among other things, the question of defendant's identity. See, e.g., United States v. Mahar, 519 F.2d 1272 (6th Cir. 1975); United States v. Weaver, 565 F.2d 129 (8th Cir. 1977); United States v. Dossey, 558 F.2d 1336 (8th Cir. 1977); United States v. Davis, 551 F.2d 233 (8th Cir. 1977); United States v. Moody, 530 F.2d 809 (8th Cir. 1976); State v. Hudson, 281 N.W.2d 870 (Minn. 1979).