Andrew Shannon, Mattie Shannon and Roger Walter Harrison v. United States

The trial judge while riding in a bus in Los Angeles with the jury made remarks to the jury, in the absence of the defendant and his counsel, as follows:

By these remarks the defendants contend that under the Sixth Amendment they were not “confronted with witnesses against” them. Also, they say that Rule 43 of the Federal Rules of Criminal Procedure, 18 U.S.C.A. was violated. The defendants were on trial in the district court for the sale of narcotics in Los Angeles County on dates in the month of May, 1957, in Los Angeles.

At least one of the alleged sales was made in the vicinity of Seventh Avenue and Washington in Los Angeles. After receiving considerable oral testimony in the courtroom, the jury was taken out to a spot at the rear of 3703 West 27th Street, not far from Seventh Avenue and Washington. There court was convened in the presence of the defendants and their attorneys. Witnesses who had previously testified proceeded to correlate their courtroom testimony into the scene on the ground. Also, there was some re-enactment (by demonstration) of some of the alleged incidents of the crime.

Apparently before the oral testimony at the scene was taken, the jury with the…